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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 upheld on Income Tax return filed belated

August 1, 2022 996 Views 0 comment Print

Jagdishbhai R. Patel Vs ACIT (ITAT Ahmedabad) CIT(A) upheld the penalty of Rs.19,50,000/-,levied u/s 271AAB of the Act @ 30% of the undisclosed income of Rs.65 lacs, noting that the assessee had failed to fulfill the following conditions by the specified date as required by the section : a) filing its return declaring the undisclosed […]

Section 271AAB penalty not valid if AO not mention specific default of assessee

June 30, 2022 3279 Views 0 comment Print

Explore Mahaveer Prasad Agarwal vs. DCIT case at ITAT Jaipur, analyzing discretionary penalties under sections 271AAB and 271 of the Income Tax Act.

No Section 271AAB Penalty if Search Proceedings were not initiated on assessee

June 28, 2022 672 Views 0 comment Print

Explore the ITAT Mumbai decision in Ramavatar Mandavewala vs. JT.CIT regarding the applicability of penalty under Section 271AAB for undisclosed cash. Detailed analysis and conclusion.

Penalties under Income-Tax Act, 1961

June 8, 2022 113140 Views 2 comments Print

Under the Income-tax Act, penalties are levied for various defaults committed by the taxpayer. Some of the penalties are mandatory and a few are at the discretion of the tax authorities. In this part, you can gain knowledge about the provisions relating to various penalties leviable under the Income-tax Act.

CIT(A) given power to levy section 271AAB, 271AAC & 271AAD penalty

February 2, 2022 7677 Views 0 comment Print

It is proposed to amend the sections 271AAB, 271AAC and 271AAD by enabling the Commissioner (Appeals) to levy penalty under these sections to the along with Assessing Officer.

Penalty u/s 271AAB can only be levied on a person who was subject to search

April 19, 2021 2013 Views 0 comment Print

Shri D.S. Patil Vs PCIT (ITAT Banglore) Penalty u/ s. 271AAB can be levied in the hands of a searched person only. The assessee herein is not subjected to search, meaning thereby, penalty u/s. 271AAB cannot be levied in the hands of the assessee. Even though, the AO has not cited any reason for dropping […]

No section 271AAB penalty on admitted and Surrendered Income

March 23, 2021 2805 Views 0 comment Print

Ashish Mittal Vs DCIT (ITAT Delhi) The Ld. AR submitted that the Assessing Officer has not contemplated the proper penalty notice as per the provisions of Section 271AAB. The Assessing Officer was not correct in imposing the penalty u/s 27 1AAB as the assessee has surrendered the income and also paid taxes accordingly The insertion […]

Section 271AAB Penalty can be levied only on undisclosed income

February 11, 2021 5676 Views 0 comment Print

For the levy of penalty u/s.271AAB, the case must fall within the four corners of the definition of expression ‘undisclosed income’ as defined u/s 271AAB itself.

Penalty not sustainable if Assessment order not passes mandate of Section 271AAB

February 11, 2021 2214 Views 0 comment Print

Shiv Bhagwan Gupta Vs ACIT (ITAT Patna) A perusal of assessment order reveals that the assessing officer has not mentioned about unearthing of any undisclosed income as defined u/s 271AAB of the Act during search action carried out at the premises of the assessee. In my view, the income declared by the assessee in the […]

Section 271AAB penalty cannot be levied if no search U/s. 132

January 19, 2021 2844 Views 0 comment Print

Ashok B Sureban Vs ACIT (ITAT Bangalore) AO levied penalty u/s. 271AAB of the Act on account of undisclosed income declared by the assessee during the post-survey proceedings on 6.8.2015. Against this, the assessee went in appeal before the CIT(Appeals). The CIT(Appeals) confirmed the levy of the penalty u/s. 271AAB of the Act. Aggrieved, the […]

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