Penalty u/s 271AAA not tenable where no search conducted

Brief of the Case

ITAT Delhi held in the case DCIT vs. M/s. Sam India Abhimanyu Housing that the AO initiated the penalty proceedings u/s 271AAA when the present assessee is not covered u/s 132 i.e. search conducted on the Assessee. The assessee is covered only by survey u/s 133A as such initiation of penalty proceeding u/s 271AAA is not legally tenable, so AO erred initiating action under section 271AAA.

Facts of the Case

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