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No Section 69 Addition, No 271AAC Penalty, ITAT Quashes Section 263 Revision

Case Law Details

TaxGuru Citation
2026 taxguru.in 12495
Case Name
Meena Lalit Jain Vs PCIT (ITAT, Mumbai Bench)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
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Meena Lalit Jain Vs PCIT (ITAT, Mumbai Bench)

No Addition, No Penalty, No Revision: Once Section 69 Foundation Fell, PCIT’s Section 263 Tower Built on Sections 115BBE & 271AAC Collapsed

Facts of the Case

The assessee’s assessment was completed u/s 143(3) r.w.s. 153C on 30.03.2024. In the assessment, the AO made an addition of ₹1,50,000 u/s 69 as unexplained investment/money & subjected the amount to the special rate of tax prescribed u/s 115BBE.

While concluding the assessment, the AO recorded satisfaction for initiating penalty proceedings u/s 270A. A show-cause notice dated 30.03.2024 was also issued u/s 274 r.w.s. 270A.

However, where an addition under sections 68 to 69D is subjected to tax u/s 115BBE, the specific penalty provision ordinarily applicable is section 271AAC, not the general provision governing under-reporting or misreporting of income u/s 270A.

AO Issued a Corrigendum

After examining the assessment record, the AO issued a corrigendum dated 15.09.2024.

The corrigendum specifically stated that section 270A had been mentioned inadvertently instead of section 271AAC. It directed that the references to section 270A in paragraphs 11 & 13 of the assessment order should be read as references to section 271AAC.

The penalty notice originally issued u/s 270A was also directed to be treated as a notice issued u/s 271AAC.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,300

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