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

Late Paramjeet Singh Chawala (Gurneet Chawla Legal Heir), New Delhi vs. DCIT, Faridabad

In the result, impugned order is set aside and appeal of the assessee is allowed

ITA 2093/DEL/2019[2012-13]Status: DisposedITAT Delhi21 Feb 2025AY 2012-13

Bench: Shri Vikas Awasthy & Shri M Balaganeshआअसं.2093/िद"ी/2019(िन.व. 2012-13) Mrs. Gurneet Chawla, (Legal Heir Of Late Mr. Paramjeet Singh Chawla) C/O R.C. Rai & Associates, 203, 2Nd Floor, Akashdeep, 26A, Barakhamba Road, New Delhi 110001 ...... अपीलाथ"/Appellant Pan:Acwpc-3161-C बनाम Vs. Deputy Commissioner Of Income Tax, ..... "ितवादी/Respondent Central Circle-Ii, Faridabad, Haryana अपीलाथ" "ारा/ Appellant By : S/Shri Somil Agarwal & Deepesh Garg, Advocates "ितवादी"ारा/Respondent By : Ms. Harpreet Kaur Hansra, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 19/02/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 21/02/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-3, Gurgaon (Hereinafter Referred To As 'The Cit(A)') Dated 29.12.2018, For Assessment Year 2012-13, Confirming Levy Of Penalty U/S. 271Aaa Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’). 2. Shri Somil Agarwal, Appearing On Behalf Of The Assessee Submitted That The Order Of Levying Penalty Dated 19.02.2018 Has Been Passed In The Name Of A Dead Person. Narrating Facts Of The Case, He Submitted That Paramjeet Singh Chawla

For Appellant: S/Shri Somil Agarwal & Deepesh Garg, AdvocatesFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 271A