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Search Surrender Doesn’t Mean Maximum Penalty: ITAT Cuts Section 271AAB Levy from 90% to 30%
Case Law Details
- Case Name
- Jasraj Changalal Jain Vs DCIT (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2013-14
- Courts
- All ITAT, ITAT Mumbai
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Jasraj Changalal Jain Vs DCIT (ITAT Mumbai)
Search Surrender Doesn’t Mean Maximum Penalty: ITAT Cuts Section 271AAB Levy from 90% to 30%
The Mumbai ITAT granted substantial relief to an assessee by reducing penalty under Section 271AAB from a harsh 90% to 30%, holding that the AO cannot mechanically impose the maximum penalty without recording extraordinary reasons.
During a search under Section 132, cash of over ₹33 lakh was found from the assessee’s premises. In his statement recorded under Section 132(4), the assessee admitted that the cash belonged to him and accepte...




