SHREEMUKH HOMES,HYDERABAD vs. ACIT, CENTRAL CIRCLE-3(2), HYDERABAD
What were the facts?
During a search operation, incriminating materials including tally data were seized, indicating alleged cash receipts from customers in violation of Section 269ST. The assessee admitted additional income to cover discrepancies.
What did the Tribunal hold?
The Tribunal held that the Assessing Officer (AO) did not conclusively prove the violation of Section 269ST to levy penalty under Section 271DA. The penalty was considered unsustainable due to the AO's selective approach and the high quantum compared to estimated income.
What were the issues?
Whether penalty under Section 271DA is leviable without conclusively proving violation of Section 269ST and whether the admitted additional income and tax payment warrant immunity from penalty.
Which sections of the Income-tax Act were involved?
Section 271DA,Section 269ST,Section 132,Section 132(4),Section 115BFA(2)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Hyderabad “B” Bench, Hyderabad
PER BENCH : The captioned appeals filed by the assessee firm i.e. “Shreemukh Homes” are directed against the separate, but identical orders of the learned Commissioner of Income Tax (Appeals), Hyderabad – 11, [for short “Ld. CIT(A)”] dated 21.03.2026 perta
The order continues below.
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