MANCHUKONDA YETHIRAJA SUBRAHMANYAM,VISAKHAPATNAM vs. ACIT, CENTRAL CIRCLE-1, VISAKHAPATNAM

ITA 724/VIZ/2025Status: DisposedITAT Visakhapatnam09 September 2026AY 2016-177 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the notice initiating penalty proceedings under Section 271AAB was defective because it did not specify the particular clause under which the penalty was proposed. This defect vitiated the entire penalty proceedings.

What were the facts?

During a search, undisclosed silver jewelry was found, which the assessee admitted as income. The assessee later filed returns but did not fully disclose this income initially. A penalty was levied under Section 271AAB.

What were the issues?

Whether the penalty notice under Section 271AAB was valid without specifying the exact clause of the section under which the penalty was proposed. Whether participation in penalty proceedings can cure a fundamental defect in the initiation notice.

Which sections of the Income-tax Act were involved?

Section 271AAB,Section 274,Section 132,Section 132(4)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI MANJUNATHA G, HON’BLE & SHRI RAVISH SOOD, HON’BLE

PER RAVISH SOOD, JM: The present appeal filed by the assessee is directed against the order passed by the CIT(A), Visakhapatnam-3, dated 27-09-2025, which in turn arises from the penalty order passed by the AO under Section 271AAB(1) of the Income Tax Act, 1961 (for short, “the Act”), dated 21-01-2022, for A.Y. 2016-17. The assessee h

The order continues below.

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