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

ACIT Central Circle 3(1), Chennai vs. C.V.Sunish, Chennai

In the result, the appeal filed by the Revenue is dismissed

ITA 1518/CHNY/2017[2008-09]Status: DisposedITAT Chennai30 Oct 2018AY 2008-09

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddyआयकर अपील सं./I T.A. No. 1518/Chny/2017 िनधा"रण वष"/Assessment Year:2008-09 The Assistant Commissioner Of Shri C.V. Sunish, Income Tax, Central Circle 3(1), Vs. C/O Aditya Trading Solutions (P) Ltd., 6Th & 7Th Floor, Npl Towers, L.B. Road, 46, Nungambakkam High Road, Chennai – 600 034. Thiruvanmiyur, Chennai 600 041. [Pan:Apfps3125J] (Appellant) (Respondent) अपीलाथ" की ओर से / Appellant By : Shri Ar.V. Sreenivasan, Jcit ""थ" की ओर से/Respondent By : Shri T. Banusekar, C.A. सुनवाई की तारीख/ Date Of Hearing : 23.10.2018 घोषणा की तारीख /Date Of Pronouncement : 30.10.2018 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Revenue Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals) 19, Chennai Dated 15.03.2017 Relevant To The Assessment Year 2008-09. The Only Effective Ground Raised In The Appeal Of The Revenue Is That The Ld. Cit(A) Has Erred In Deleting The Penalty Of ₹.22,38,721/- Levied Inadvertently Under Section 271(1)(C) Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri AR.V. Sreenivasan, JCITFor Respondent: Shri T. Banusekar, C.A
Section 129Section 153ASection 271(1)(c)Section 271A

DCIT Cen Cir 4(4) Cen RG 4, Mumbai vs. Amarshi M. Nishar, Mumbai

In the result, the appeal filed by the revenue is hereby ordered to be dismissed

ITA 1848/MUM/2017[2008-09]Status: DisposedITAT Mumbai26 Oct 2018AY 2008-09

Bench: Shri R. C. Sharma, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.1848/Mum/2017 (निर्धारण वर्ा / Assessment Year: 2008-09) The Deputy Cit Central बिधम/ Shri Amarshi M. Nishar 3Rd Floor, Jagdish Niwas, Circle-4(4), C.R. 4, Room Vs. No.1922, 19Th Floor, Air Opposite Fire Brigade, Fort, India Building, Nariman Mumbai-400001. Point, Mumbai-21. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabpn1100D (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Chaitanya Anjaria (Dr) Assessee By: Shri Kirit Sheth (Ar) सुनवाई की तारीख / Date Of Hearing: 04.09.2018 घोषणा की तारीख /Date Of Pronouncement: 26.10.2018 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 28.12.2016 Passed By The Commissioner Of Income Tax (Appeals) - 52, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2008- 09. 2. The Revenue Has Raised The Following Grounds: - “1. Whether On The Facts & Circumstances Of The Case & In Law, The Cit(A) Erred In Deleting The Penalty Rs.1,09,99,770 Levied U/S 271Aaa.” 2. The Appellant Craves To Leave, To Add, To Amend & Or To Alter Any Of The Ground Of Appeal, If Need Be.

For Appellant: Shri Kirit Sheth (AR)For Respondent: Shri Chaitanya Anjaria (DR)
Section 1Section 132Section 132(1)Section 143(3)Section 153CSection 271Section 271ASection 274