Section 271AAA in The Income Tax Act, 1961
271AAA. [ Penalty where search has been initiated. [ Inserted by Act 22 of 2007, Section
This penalty U/s 271(1)(c) of I.T.
Act was in addition to penalty levied U/s 271AAA ... case, the imposition of
penalty u/s 271 AAA upon Rs 1,95,47,000 is confirmed. Penalty u/s 271AAA in respect
amount of penalties
have been levied in the case of four appellants:
S.No. Party Name A.Y. Penalties u/s
271AAA
1 Mohan Kumar ... subsection (2) to Sec
271AAA analogous :-
Sec 271(1)(c) Sec 271AAA
Explanation 5: Where in course (2)- penalty is not leviable
of a search
erred in maintaining the levy of penalty
under section 271AAA of the Act without properly appreciating
the facts of the case and submissions made before ... facts of the
present case since both the penalties i.e. penalty under section
271AAA and section 271AAB of the Income
satisfaction u/s
271AAA . Once it is found that there is no requirement of
recording satisfaction in section 271AAA before imposing
penalty, the argument ... that, .... the assessee
shall pay by way of penalty... .' Power to levy penalty u/s
271AAA of the Act lies only with
holding that the conditions for penalty u/s 271AAA were not satisfied,
whereas the conditions for levying of penalty u/s 271AAA were satisfied ... which penalty was imposed does not fall under
the definition of "undisclosed income" in order to attract penalty u/s
271AAA
Without recording statement imposition Preliminary requirement for invoking penalty u/s
of the penalty u/s 271AAA is not 271AAA is basis of statement recorded ... reproduced below:
-
" Section 271AAA in The Income Tax Act, 1961
271AAA. [ Penalty where search has been initiated. [ Inserted
by Act 22 of 2007, Section
Without recording statement imposition Preliminary requirement for invoking penalty u/s
of the penalty u/s 271AAA is not 271AAA is basis of statement recorded ... reproduced below:
-
" Section 271AAA in The Income Tax Act, 1961
271AAA. [ Penalty where search has been initiated. [ Inserted
by Act 22 of 2007, Section
Without recording statement imposition Preliminary requirement for invoking penalty u/s
of the penalty u/s 271AAA is not 271AAA is basis of statement recorded ... reproduced below:
-
" Section 271AAA in The Income Tax Act, 1961
271AAA. [ Penalty where search has been initiated. [ Inserted
by Act 22 of 2007, Section
Without recording statement imposition Preliminary requirement for invoking penalty u/s
of the penalty u/s 271AAA is not 271AAA is basis of statement recorded ... reproduced below:
-
" Section 271AAA in The Income Tax Act, 1961
271AAA. [ Penalty where search has been initiated. [ Inserted
by Act 22 of 2007, Section