Penalty U/s. 271AAA cannot be levies if No search has taken place at assessee’s premises

DCIT Vs Jainco Developers (P) Ltd. (ITAT Delhi)

A perusal of the assessment order shows that no search had taken place in the case of the assessee on 19^th October, 2011 and the assessment was completed by issuing notice u/s 153C of the I.T Act. We, therefore, find merit in the arguments of the ld. counsel for the assessee that the provision of section 271AAA are not applicable to the assessee since the said provision as applicable to cases where search has been conducted u/s 132 of the I.T. Act, 1961. We find the

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