VASAVI DEVELOPERS,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 had not conclusively proved the violation of Section 269ST to levy penalty under Section 271DA. The penalty was considered unsustainable due to inconsistencies in seized data and the AO's selective approach.
What were the issues?
Whether penalty under Section 271DA can be levied without conclusively proving violations of Section 269ST, and if the admission of additional income and payment of tax thereon provides immunity from such penalty.
Which sections of the Income-tax Act were involved?
Section 271DA,Section 269ST,Section 132,Section 132(4),Section 65B,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. “Vasavi Developers” are directed against the separate, but identical orders of the learned Commissioner of Income Tax (Appeals), Hyderabad – 11, [for
The order continues below.
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More judgments on Section 271DA
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- Kunta Srinivas Reddy, Hyderabad vs DCIT, Central Circle -1(3), HyderabadITA 553/HYD/2026[2022-23]Status: Disposed23 Sept 2026AY 2022-23
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