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Section 271AA

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Penalties and Prosecutions Under Income tax Act, 1961

Income Tax : This guide explains the penalty and prosecution framework under the Income-tax Act for AY 2026-27. It highlights the consequences ...

July 6, 2026 532644 Views 4 comments Print

FAQs on Penalty provisions under Income Tax Act, 1961

Income Tax : This guide explains when penalties can be imposed under various provisions of the Income-tax Act, 1961. It also outlines the appli...

June 22, 2026 5895 Views 0 comment Print

Prosecutions and Punishment under Income Tax Act, 1961

Income Tax : The article explains how offences such as wilful tax evasion, failure to file returns, non-payment of TDS/TCS, falsification of re...

June 17, 2026 51618 Views 7 comments Print

Income Tax Offences liable to prosecution

Income Tax : This article outlines major offences under the Income-tax Act that may result in prosecution, including tax evasion, non-payment o...

June 15, 2026 59309 Views 4 comments Print

Power of Commissioner to Reduce or Waive Income Tax Penalty

Income Tax : This article explains the statutory powers of the Principal Commissioner or Commissioner to waive or reduce penalties in genuine c...

June 15, 2026 65518 Views 3 comments Print


Latest Judiciary


Section 143(2) Notice & Valid Draft Assessment Mandatory U/s 144C: ITAT Mumbai

Income Tax : ITAT Mumbai quashed reassessment after finding no Section 143(2) notice and that the AO issued a final order disguised as a draft ...

July 5, 2026 192 Views 0 comment Print

ITAT Deletes Section 35(2AB) Disallowance as AO Cannot Override DSIR Approval

Income Tax : The Chennai ITAT held that deductions approved by DSIR under Section 35(2AB) cannot be disallowed merely on the basis of survey st...

May 20, 2026 321 Views 0 comment Print

ITAT Bangalore Deletes Section 271D Penalty on Cash Sale Receipt

Income Tax : The ITAT Bangalore held that cash received as part of sale consideration for immovable property does not automatically attract pen...

February 20, 2026 3357 Views 0 comment Print

Genuine Member Cash Transactions Protected by Reasonable Cause Rule

Income Tax : The issue was whether penalties under sections 271D and 271E apply to cash dealings of a credit society with its members. ITAT hel...

December 29, 2025 555 Views 0 comment Print

Reassessment Quashed for Lack of Opportunity to Reply to Section 148 Notice

Income Tax : The issue involved reassessment completed without a reply to the reopening notice. The Court set aside the orders and remanded the...

December 20, 2025 327 Views 0 comment Print


Reassessment Quashed for Lack of Opportunity to Reply to Section 148 Notice

December 20, 2025 327 Views 0 comment Print

The issue involved reassessment completed without a reply to the reopening notice. The Court set aside the orders and remanded the case to allow the assessee a fresh opportunity.

DRP Route Cannot Extend Statutory Time Limit Under Section 153

December 16, 2025 834 Views 0 comment Print

The Tribunal held that a final assessment passed after the expiry of Section 153 is invalid, even if it follows DRP directions. The is that limitation under Section 153 remains mandatory and cannot be bypassed through the DRP route.

ITAT Delhi: Sales Commission Not Taxable—No PE, No Business Connection

November 24, 2025 480 Views 0 comment Print

ITAT Delhi deletes ₹16.97 Cr addition; Denmark-based LM Wind Power AS has no PE or business connection in India. Royalty taxable u/s 115A; penalty u/s 271AA unsustainable.

Penalty u/s 271AAC & 270A Remanded as Quantum Appeal Restored for Fresh Hearing

November 16, 2025 1230 Views 0 comment Print

 ITAT restored penalties under Sections 271AAC and 270A after noting CIT(A) dismissed appeal without hearing assessee. Case highlights necessity of providing a fair opportunity before imposing penalties.

Transfer pricing adjustment by applying Bright Line Test not permissible: ITAT Delhi

July 2, 2025 876 Views 0 comment Print

ITAT Delhi held that Bright Line Test doesn’t have statutory mandate and cannot be applied for determining Arm’s Length Price [ALP] of Advertisement, Marketing and Promotion [AMP] expense. Accordingly, appeal allowed to that extent.

Penalty U/S 271AA for Non-Reporting in Form 3CEB Set Aside Due to Reasonable Cause

June 19, 2025 1494 Views 0 comment Print

ITAT Pune held that penalty under section 271AA of the Income Tax Act is not imposable in view of section 273B of the Act since there was a reasonable cause for not reporting the said transaction in Form No. 3CEB as it was not considered to be an international transaction.

Penalty u/s. 271AA not leviable without specifying documents not furnished by assessee

March 25, 2025 1560 Views 0 comment Print

ITAT Ahmedabad held that penalty u/s.271AA of the Income Tax Act cannot be levied without specifying the required documents failed to be maintained/furnished by the assessee. Thus, appeal of the revenue dismissed.

ITAT deletes Vague Penalty Order for no Proof on Non-Maintenance of Documents

March 8, 2025 1050 Views 0 comment Print

ITAT Ahmedabad affirms CIT(A) order canceling ₹1.2 Cr penalty on Priya Blue Recycling LLP, citing lack of international transactions.

Government Shareholders Not Automatically Considered Related Parties

November 12, 2023 600 Views 0 comment Print

In a landmark ruling, the Delhi High Court held that government shareholders are not automatically considered related parties under Section 92E of the Income Tax Act, 1961. This decision has significant implications for companies with government shareholding.

Section 40A(2)(b) Disallowance for Assumed Higher Sub-contracting Income is unsustainable

November 1, 2023 1593 Views 0 comment Print

ITAT Delhi held that disallowance under section 40A(2)(b) of the Income Tax Act on merely estimating that more income should have been earned from sub-contracting without bringing any comparable figures is unsustainable in law.

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