Section 271AAA of the Income Tax Act

The decision most relied on for Section 271AAA is CIT v. SPL’s Siddhartha Ltd. (345 ITR 223), cited in 164 of the 606 judgments on BharatTax that turn on this section.

Leading authorities on Section 271AAA

CIT v. SPL’s Siddhartha Ltd.
345 ITR 223 · 2012 · High Court
164
citing judgments

Reassessment proceedings under Section 147 are invalid if the sanction required under Section 151 is obtained mechanically, without independent application of mind by the sanctioning authority, or is based on borrowed satisfaction.

Anirudhsinhji Karansinhji Jadeja v. State of Gujarat
5 SCC 302 · 1995 · Supreme Court
103
citing judgments

A statutory authority vested with discretion must exercise that power independently, based on its own judgment, and not under the dictation or instructions of a higher authority. Exercising discretion under superior direction constitutes a failure to exercise it at all.

Jaya Aggarwal v. ITO
92 Taxmann.com 108 · 2018 · High Court
42
citing judgments

The mere existence of a time gap between cash withdrawals and their subsequent redeposit does not invalidate the assessee's explanation, especially in the absence of contrary evidence. The authorities must give due latitude to human conduct when assessing the truthfulness of an explanation.

Carpenters Classics (Exim) (P) Ltd. v. DCIT
108 ITD 142 · 2007 · ITAT
37
citing judgments

When a statement is made voluntarily and not under coercion, and the assessee fails to take steps to rectify it before the relevant authorities, the retraction of such a statement later is not valid.

Param Anand Builders (P.) Ltd. v. ITO
59 ITD 29 · 1996 · ITAT
36
citing judgments

A retraction of a statement made during a search or survey is not valid if the assessee cannot prove it was made under threat or coercion, especially when independent witnesses were present.

Manoharlal Kasturchand Chokshi v. ACIT
61 ITD 55 · 1997 · ITAT
30
citing judgments

A retraction of a statement made during a search requires proof of threat or coercion. If a statement was voluntary, the assessee must prove it was made under a misconception of facts to be valid.

ACIT v. Gebilal Kanhaialal HUF
348 ITR 561 · 2012 · Supreme Court
28
citing judgments

Section 271AAA penalty deletion can be based on the Apex Court's decision in ACIT v. Gebilal Kanhaialal HUF (2012) 348 ITR 561, particularly when there was no specific question put to the assessee about the manner of earning undisclosed income.

V.Kunhambu & Sons. v. CIT
219 ITR 235 · 1996 · High Court
27
citing judgments

A voluntary declaration made during a survey or search can be relied upon for assessment, even if later retracted, unless proven to be made under threat or coercion.

Moongipa Investment Limited v. ITO
18 DTR 413 · 2009 · High Court
18
citing judgments

Where cash deposited in a bank account is explained as being out of cash previously withdrawn, and there is no contrary evidence, such explanation cannot be disregarded.

Dewan Bahadur Seth Gopal Das Mohta v. The Union of India & Ors (SC)
26 ITR 722 · Supreme Court
14
citing judgments

An admission is considered the best evidence for an opposing party and is decisive unless withdrawn or proven erroneous. Statements made in compliance with statutory provisions are presumed to be made in accordance with the law.

Judgments on Section 271AAA

Dr.S.F.V.Selvaraj, Chennai vs. DCIT, Chennai

In the result, both the appeals filed by the assessee are dismissed

ITA 868/CHNY/2016[2012-13]Status: DisposedITAT Chennai06 Jul 2022AY 2012-13

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.868 & 869/Chny/2016 िनधा"रण वष"/Assessment Year:2012-13 Dr. (Late) S.F.V. Selvaraj, The Deputy Commissioner Of Rep. By L/H Dr. Kamala Selvaraj, Vs. Income Tax, Dr. Deepu Rajkamal Selvaraj, Dr. Priya Central Circle 2(5), Selvaraj, No. 22, 5Th Street, Dr. Chennai. Thirumurthy Nagar, Nungambakkam, Chennai 600 034. [Pan:Aasps5404L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Baskar, Advocate ""थ" की ओर से/Respondent By : Shri M. Rajan, Cit सुनवाई की तारीख/ Date Of Hearing : 17.05.2022 घोषणा की तारीख /Date Of Pronouncement : 06.07.2022 आदेश /O R D E R Per V. Durga Rao: Both Appeals Filed By The Assessee Are Directed Against Separate Orders Of The Ld. Commissioner Of Income Tax (Appeals) 18, Chennai, Both Dated 08.02.2016 Relevant To The Assessment Year 2012-13 Challenging The Confirmation Of Quantum Addition Of Unexplained Cash Under Section 69A Of The Income Tax Act, 1961 [“Act” In Short] & Confirmation Of Penalty Levied Under Section 271Aaa Of The Act. Against Quantum Addition, The Assessee Has Raised The Following Grounds:

For Appellant: Shri G. Baskar, AdvocateFor Respondent: Shri M. Rajan, CIT
Section 132Section 271ASection 69A

Prateek Juyal, Dehradun vs. DCIT, Dehradun

In the result, the appeal of the assessee is allowed for statistical purpose

ITA 1090/DEL/2017[2011-12]Status: DisposedITAT Dehradun29 Apr 2022AY 2011-12

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Usita No. 1090/Del/2017 : Asstt. Year: 2011-12 Prateek Juyal, Vs Dcit, 204, Silver Oak Apartments, Central Circle, Curzon Road, Dalanwala, Dehradun-248001 Dehradun-248001 (Appellant) (Respondent) Pan No. Advpj2863Q Assessee By : None Revenue By : Sh. N. S. Jangpangi, Cit Dr Date Of Hearing: 25.04.2022 Date Of Pronouncement: 29.04.2022 Order Per Dr. B. R. R. Kumar: This Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-Iv, Kanpur Dated 16.01.2017. 2. The Assessee Is An Individual. The Assessee Is Deriving Income From Business, Income From Capital Gains & Income From Other Sources. A Search U/S 132 Of The Income Tax Act, 1961 Was Initiated & Took Place In The Business & Residential Premises Of The Assessee On 21.10.2010 In The Juyal Group Of Cases. A Notice U/S 153A(1)(A) Was Issued On 14.02.2012 For A.Y. 2011-12 & Was Served Upon The Assessee Requiring Him To Furnish The Return Of Income On Or Before 05.03.2012. The Assessee Filed His Return Of Income On 08.02.2013 Declaring An Income Of Rs.63,36,160/-. After The 2 Prateek Juyal Conclusion Of The Proceeding U/S 153A, Penalty U/S 271Aaa Has Been Levied On The Assessee.

For Appellant: NoneFor Respondent: Sh. N. S. Jangpangi, CIT DR
Section 132Section 153ASection 153A(1)(a)Section 271A