SATISH KUMAR ARORA,AGRA vs. INCOME TAX OFFICER 1(1)(2), AGRA

ITA 507/AGR/2025Status: DisposedITAT Agra03 February 2026AY 2011-12Bench: SHRI M. BALAGANESH (Accountant Member)6 pages
AI SummaryDismissed

What did the Tribunal hold?

The tribunal upheld the levy of penalty under Section 271AAB, stating that once the income falls within the definition of 'undisclosed income' as per the explanation to Section 271AAB, the penalty becomes automatic. It noted that Section 273B does not provide immunity for penalties under Section 271AAB, even if a reasonable cause is shown.

What were the facts?

A search and seizure operation was conducted on the assessee's premises, revealing undisclosed income from various businesses and investments. The assessee, citing acute depression and memory loss, failed to file returns or explain the seized documents, leading to ex parte assessments under Section 144. The quantum additions were sustained by the Tribunal, and the dispute now concerns the levy of penalty under Section 271AAB.

What were the issues?

The key legal issue is whether the CIT(A) was justified in confirming the levy of penalty under Section 271AAB of the Act, given that the additions were estimated and the assessee cited health issues.

Which sections of the Income-tax Act were involved?

Section 132,Section 144,Section 153A,Section 271AAB,Section 273B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AGRA BENCH “SMC”: AGRA

Before: SHRI M. BALAGANESH

For Appellant: Shri Rajendra Sharma, Adv, Shri Manuj Sharma, Adv
For Respondent: Shri Anil Kumar, Sr. DR
Hearing: 20/01/2026Pronounced: 03/02/2026
1.

The appeals in ITA No. 504 to 509/AGR/2025 for AYs 2008-09 to 2013-14, arises out of the order of the ld. Commissioner of Income Tax (Appeals)-4, Kanpur [hereinafter referred to as ‘ld. CIT(A)’, in short] dated 17.09.2025 against the order of assessment passed u/s 144 r.w.s. 153A of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 19.08.2016 by the Assessing Officer, ACIT, Central Circle, Agra (hereinafter referred to as ‘ld. AO’). Identical issues are involved in these appeals and hence they are taken up together and disposed of by this common order for the sake of convenience.

2.

The only identical issue to be decided in these appeals is as to whether the learned CITA was justified in

The order continues below.

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