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Section 271AAB

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Penalties and Prosecutions Under Income tax Act, 1961

Income Tax : A summary of key penalties under the Income Tax Act for AY 2026-27, covering defaults from late filing and non-payment to misrepor...

October 28, 2025 531561 Views 4 comments Print

Updated Penalty Chart under Income Tax Act, 1961

Income Tax : Comprehensive summary of income tax penalties under the Income Tax Act for AY 2026-27. Covers defaults in tax payment, filing, rep...

October 28, 2025 163982 Views 6 comments Print

Budget 2025: Non-Applicability of Section 271AAB from 1st Sept 2024

Income Tax : Section 271AAB penalties will not apply to searches initiated under Section 132 after September 1, 2024, as per the Finance Bill, ...

February 2, 2025 2754 Views 0 comment Print

Section 271AAB Penalty Not Applicable for Searches on or after 01.09.2024

Income Tax : Penalty under Section 271AAB of the Income-tax Act is not applicable for searches after 1st September 2024, replaced by Section 15...

February 2, 2025 1869 Views 0 comment Print

Section 115BBE needs Relook: Know Misuse, Consequences & Judicial Precedents

Income Tax : Explore the implications of taxation under section 115BBE, including misuse of sections 68 to 69D, consequences of high tax rates,...

August 12, 2023 35028 Views 0 comment Print


Latest News


Section 271AAB – Relax restrictions to claim benefit of concessional rate of penalty @ 10%: ICAI

Income Tax : Section 271AAB provides for imposition of penalty at specified rates where search has been initiated. The rate of penalty varies...

January 27, 2018 2367 Views 0 comment Print

Section 271AAB Prosecution should not be initiated for Income disclosed during survey: ICAI

Income Tax : Section 271AAB provides for imposition of penalty @ 10% on undisclosed income found during the course of search and admitted at t...

January 27, 2018 1380 Views 0 comment Print

Section 153A / 271AAB– Need for effective deterrence and finality in Search Cases

Income Tax : Present scheme of administration of Search and Assessment of search cases needs to be made effective to reduce technical complexit...

January 18, 2018 1269 Views 0 comment Print


Latest Judiciary


Form 16 Trap: ITAT Deletes ₹51 Lakh Penalty on Wrong ESOP Exemption Claim

Income Tax : The Bangalore ITAT held that an assessee claiming exemption based on Form 16 issued by the employer acted under a bona fide belief...

May 13, 2026 516 Views 0 comment Print

Search Surrender Doesn’t Mean Maximum Penalty: ITAT Cuts Section 271AAB Levy from 90% to 30%

Income Tax : The Mumbai ITAT held that the Assessing Officer cannot impose the maximum 90% penalty under Section 271AAB without recording extra...

May 11, 2026 180 Views 0 comment Print

No Section 270A(8) Penalty for TP Adjustment Without Proof of Deliberate Concealment: Madras HC

Income Tax : The court held that transfer pricing adjustments cannot automatically be treated as misreporting of income. Without evidence of de...

March 13, 2026 660 Views 0 comment Print

Penalty U/s 271AAB Modified — 30% Applicable Where Income Declared in Return Search Questions Not Properly Asked: ITAT Kolkata

Income Tax : Holding that the search team did not examine the source of cash properly, the Tribunal directed bifurcation of penalty—30% on de...

February 13, 2026 471 Views 0 comment Print

Allahabad HC Upholds Section 271AAB Penalty for Undisclosed Income Admitted in Search

Income Tax : PCIT Vs Sandeep Chandak (Allahabad High Court) These income tax appeals arose from a common order dated 02.01.2017 passed by the I...

February 10, 2026 648 Views 0 comment Print


Section 271AAB Penalty not Applicable if no Search Conducted on Assesse

August 31, 2025 453 Views 0 comment Print

ITAT Kolkata rules that a penalty under Section 271AAB cannot be levied if no search has been initiated on the assessee, even if a statement is made under Section 131.

CIT(A) cannot convert 271AAB into 271(1)(c)- Penalty on 153A Surrender Invalid

August 25, 2025 837 Views 0 comment Print

The ITAT Delhi has deleted a penalty imposed by the CIT(A), ruling that the CIT(A) did not have the jurisdiction to change the nature of a penalty from Section 271AAB to 271(1)(c).

ITAT Deletes 271AAB Penalty for absence of Specific Charge in notice

August 22, 2025 579 Views 0 comment Print

The ITAT Chandigarh ruled that a penalty notice without a specific charge is invalid, leading to the deletion of a penalty under Section 271AAB.

Order of special audit not sustained as procedure mandated u/s. 142(2A) and 142(2C) not followed

August 13, 2025 507 Views 0 comment Print

ITAT Delhi held that order of special audit held to be void ab-initio since due procedure as mandated under the provisions of Sec. 142(2A) and Sec. 142(2C) of the Income Tax Act has not been followed.

ITAT Deletes Sec. 234B Interest; AO Failed to Adjust Seized Cash Against Tax Liability

July 10, 2025 567 Views 0 comment Print

Delhi ITAT rules on Sushil Bansal’s appeal, deleting interest u/s 234B and penalty u/s 271AAB on Rs. 88 lacs seized cash, citing pre-search disclosure.

Direct Tax Vivad Se Vishwas benefit not admissible in search assessment as disputed tax exceeds 5 Crore

June 30, 2025 282 Views 0 comment Print

Madras High Court held that Direct Tax Vivad Se Vishwas Scheme benefit is not admissible in case of assessments relating to search and seizure when the disputed tax exceeds INR 5 Crore. Therefore, writ petitions are dismissed.

Section 271(1)(c) Penalty Initiation Requires Specific Satisfaction: Rajasthan HC

May 20, 2025 2391 Views 0 comment Print

The Rajasthan High Court upheld that penalty proceedings under the Income Tax Act require specific, recorded satisfaction by the AO for the correct section, not general initiation.

Penalty Unsustainable Once Quantum Assessments Quashed: ITAT Delhi

May 13, 2025 1146 Views 0 comment Print

 ITAT Delhi cancels penalties against G.D. Goenka Pvt. Ltd. ruling that underlying assessments were invalid due to defective Section 153D approval following a search.

No separate addition warranted as already covered in declaration of income: ITAT Nagpur

April 15, 2025 645 Views 0 comment Print

ITAT Nagpur held that addition towards unexplained expenditure u/s. 69C of the Income Tax Act not warranted since the same are already covered in declaration of income hence no separate additions warranted.

Addition towards undisclosed income sustained as incriminating material found during search not explained

April 5, 2025 492 Views 0 comment Print

ITAT Jaipur held that addition towards undisclosed income rightly sustained since assessee failed to explain the incriminating material found during the course of search. Penalty under section 271AAB too sustained.

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