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

Asst CIT Cen Cir 43, Mumbai vs. Pravin S. Jain, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 4005/MUM/2014[2010-11]Status: DisposedITAT Mumbai16 Dec 2015AY 2010-11

Bench: Shri D. Karunakara Rao & Shri Amarjit Singhi.T.A. No.4005/M/2014 (Assessment Year: 2010-2011) फनाभ/ Acit, Central Circle 43, Mr. Pravin S. Jain, R.No.659, 6Th Floor, 203, Kalbadevi Road, Vs. 104, 1St Floor, Mumbai- Aayakar Bhavan, M.K. Road, Mumbai-20. 400002. स्थामी रेखा सं./ Pan : Aabpj2451M (अऩीराथी /Appellant) .. (प्रत्मथी / Respondent) अऩीराथी की ओय से / Appellant By : Shri Daya Sagar, Cit-Dr प्रत्मथी की ओय से/ Respondent By : Shri Manish Sanghavi सुनवाई की तायीख / Date Of Hearing : 01.12.2015 घोषणा की तायीख /Date Of Pronouncement : 16.12.2015 आदेश / O R D E R Per D. Karunakara Rao, Am: This Appeal Filed By The Revenue On 2.6.2014 Is Against The Order Of The Cit (A)-38, Mumbai Dated 27.2.2014 For The Assessment Year 2010-2011. 2. The Core Issue Raised In This Appeal Relates To The Levyabilty Of Penalty U/S 271Aaa Of The Act When There Is No Warrant In The Name Of The Assessee Initiating Search & When The Assessments Were Made U/S 153C Of The Act. Briefly Stated Relevant Facts Of The Case Are That There Was A Search Action In The Case Of Shri Hasmukh Jokmal Jain & Shri Indramal Solanki On 8.5.2009. Subsequent To The Search Action, There Was A Survey U/S 133A Of The Act On The Premises Of The Assessee, Who Is A Proprietor Of M/S. Darshan Gold, A Proprietary Concern. It Is An Undisputed Fact That The Assessments In The Case Of The Assessee Were Completed U/S 153C Of The Act & Not U/S 153A Of The Act. 3. With The Background Of The Above Facts, Ld Counsel For The Assessee Demonstrated That The Penalty Proceedings Initiated U/S 271Aaa Of The Act In The Case Of The Assessee & Levied Penalty Of Rs. 20 Lakhs. In This Regard, Ld Counsel

For Appellant: Shri Daya Sagar, CIT-DRFor Respondent: Shri Manish Sanghavi
Section 132Section 132(4)Section 133ASection 153ASection 153CSection 271(1)(c)Section 271A