Section 271AAC of the Income Tax Act

Income-tax Act, 2025: s.443

Section 271AAC of the Income-tax Act, 1961 corresponds to section 443 (Penalty in respect of certain income) of the Income-tax Act, 2025.

Read section 443 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 271AAC is ACIT v. Prakash I. Shah (115 ITD 167), cited in 51 of the 982 judgments on BharatTax that turn on this section.

Leading authorities on Section 271AAC

ACIT v. Prakash I. Shah
115 ITD 167 · 2008 · ITAT
51
citing judgments

The department cannot improve upon the Assessing Officer's case by changing the basis of additions without issuing a show cause notice to the assessee.

65 23 DTR 171 (Del); DCIT v. Premsons 'B' Bench Mumbai BCA April
130 TTJ 159 · 2010 · ITAT
29
citing judgments

Additions to income cannot be made based solely on statements or confessions recorded at the time of a search, without corroborating evidence. Such confessions lack evidentiary value if not supported by other proof.

263—CIT v. Subhash Kumar Jain
335 ITR 364 · 2011 · High Court
28
citing judgments

The Commissioner (CIT) cannot direct the Assessing Officer (AO) to initiate penalty proceedings under Section 271(1)(c) using revisional powers under Section 263 if the AO did not initiate them in the original assessment order. The CIT's revisional power under Section 263 cannot be used to create a non-existent proceeding.

(1) P. Goyal v. DCIT
65 TTJ 327 · 1999 · ITAT
27
citing judgments

Additions to income cannot be made solely on the basis of uncorroborated notes found on loose sheets or papers, especially if they are undated and lack any identifying names.

Smt. Charu Aggarwal v. DCIT
140 Taxmann.com 588 · 2022 · ITAT
24
citing judgments

Cash deposits made post-demonetization out of cash sales, when supported by stock availability and previous year's sales patterns, cannot be treated as undisclosed income under Section 68.

Krish Kumar v. ITO
107 Taxmann.com 464 · 2019 · Supreme Court
21
citing judgments

An addition under section 69A is justified when cash deposits in a bank account significantly exceed reported sales and the assessee fails to provide a satisfactory explanation for the source of these deposits.

CIT v. Kewal Krishna and Partners
18 DTR 121 · 2009 · High Court
15
citing judgments

A statement recorded under section 132(4) does not by itself constitute incriminating material, and requires corroboration.

CIT v. Tara Chand Mahipal
65 Taxmann.com 29 · 2016 · High Court
15
citing judgments

A taxpayer's mere statement, without corroborating material or evidence, cannot be the sole basis for computing income or making additions. The statement must relate to some other evidence for computation.

Areva T and D India Ltd. v. JCIT
287 ITR 555 · 2006 · High Court
14
citing judgments

Delay in filing an appeal can be condoned, even if the delay is significant (e.g., 231 days), when caused by wrong advice from the assessee's counsel, demonstrating a pragmatic approach to condonation under the Limitation Act.

CIT v. Metal & Metals of India
208 CTR 457 · 2007 · High Court
12
citing judgments

Where partners introduce capital into a firm, any addition for unexplained investment can only be made in the individual hands of the partners, not the firm.

Judgments on Section 271AAC

Vinodray Nagjibhai Thacker, Bhuj vs. ITO, Ward-4, Gdham(Bhuj-2)/, Bhuj

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

ITA 195/RJT/2026[2017-18]Status: DisposedITAT Rajkot03 Jul 2026AY 2017-18

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./Ita No. 194 & 195/Rjt/2026 [ िनधा"रण वष" /Assessment Year : 2016-17 & 2017-18 ] Vinodray Nagjibhai Thacker, बनाम/ Income Tax Officer, Ward - 4, Vs. 12 Zulelal Society, Near Court Gandhidham (Bhuj-2), Bhuj, Bldg, Bhuj, Gujarat-370001 Gujarat-370001 "ायीलेखासं./जीआइआरसं./Pan/Gir No.: Abhpt2539H (Assessee) (Respondent) िनधा"रती की ओर से/Assessee By : Shri Kalpesh Doshi, Ld. Ar राज" की ओर से/Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 09/04/2026 घोषणा की तारीख/Date Of Pronouncement : 03/07/2026 : आदेश /Order : Per, Dr. Arjun Lal Saini, Am: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Years (Ay) 2016-17 & 2017-18, Are Directed Against The Separate Orders Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 15.03.2024 By The National Faceless Appeal Centre (Nfac), Delhi/ Commissioner Of Income Tax (Appeals) [In Short ‘Ld.Cit(A)’] Which In Turn Arise Out Of Separate Assessment Orders Passed By The Assessing Officer (In Short ‘Ao’) U/S 147 R.W.S. 144 Of The Act Dated 28.03.2022 & 29.03.2022, Respectively.

For Appellant: Shri Kalpesh Doshi, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 115BSection 143(2)Section 147Section 148ASection 151Section 234BSection 250Section 271(1)(b)Section 271(1)(c)Section 69

Vinodray Nagjibhai Thacker, Bhuj vs. Income Tax Officer, Ward - 4, Gandhidham (Bhuj - 2), Bhuj

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

ITA 194/RJT/2026[2016-17]Status: DisposedITAT Rajkot03 Jul 2026AY 2016-17

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./Ita No. 194 & 195/Rjt/2026 [ िनधा"रण वष" /Assessment Year : 2016-17 & 2017-18 ] Vinodray Nagjibhai Thacker, बनाम/ Income Tax Officer, Ward - 4, Vs. 12 Zulelal Society, Near Court Gandhidham (Bhuj-2), Bhuj, Bldg, Bhuj, Gujarat-370001 Gujarat-370001 "ायीलेखासं./जीआइआरसं./Pan/Gir No.: Abhpt2539H (Assessee) (Respondent) िनधा"रती की ओर से/Assessee By : Shri Kalpesh Doshi, Ld. Ar राज" की ओर से/Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 09/04/2026 घोषणा की तारीख/Date Of Pronouncement : 03/07/2026 : आदेश /Order : Per, Dr. Arjun Lal Saini, Am: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Years (Ay) 2016-17 & 2017-18, Are Directed Against The Separate Orders Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 15.03.2024 By The National Faceless Appeal Centre (Nfac), Delhi/ Commissioner Of Income Tax (Appeals) [In Short ‘Ld.Cit(A)’] Which In Turn Arise Out Of Separate Assessment Orders Passed By The Assessing Officer (In Short ‘Ao’) U/S 147 R.W.S. 144 Of The Act Dated 28.03.2022 & 29.03.2022, Respectively.

For Appellant: Shri Kalpesh Doshi, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 115BSection 143(2)Section 147Section 148ASection 151Section 234BSection 250Section 271(1)(b)Section 271(1)(c)Section 69

The Alice Green, Bareilly, Uttar Pradesh vs. DCIT/ ACIT-1, Central Circle, Bareilly, Uttar Pradesh

ITA 327/LKW/2025[2018-19]Status: DisposedITAT Lucknow30 Jun 2026AY 2018-19

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2018-19 The Alice Green, Vs Dcit/Acit, Central Circle- Dohra Road Near Mayfair Lawns, Bareilly Bareilly, U.P. Pan: Abgfm6047E (Appellant) (Respondent) Assessee By: Sh. P.K. Kapoor, C.A. Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 25.05.2026 Date Of Pronouncement: 30.06.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A)-3, Lucknow Dated 20.02.2025, Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee That Was Filed Against The Orders Of The Ao Under Section 143(3) For The A.Y. 2018-19 On 8.04.2021. The Grounds Of Appeal Are As Under:- “Becuase The Assessment Order Dated 08.04.2021 Was Passed Without Issuing Show Cause Notice/Draft Assessment Order, Which Omission Is Fatal To The Survival Of The Assessment Order, Being In Complete Violation Of Provisions Of Clause (Xiv) Of Section 144B Of The Act & Consequently, The Id. "Cit(A)" Ought To Have Quashed The Assessment Order, Being Illegal, Bad In Law & Without Jurisdiction. Without Prejudice To Aforesaid 2.1 Because The Id. "Cit(A)" Has Erred In Law & On Facts In Upholding The Addition Of Rs. 88,00,000/- Made By Dc/Acit Central Circle -1, Bareilly By Treating The Expenditure Incurred On Construction Of Building As Unexplained Investment U/S 69 Of The Act.

For Appellant: Sh. P.K. Kapoor, C.AFor Respondent: Sh. R.R.N. Shukla, Addl CIT DR
Section 133ASection 143(3)Section 144BSection 234BSection 271ASection 44ASection 69

Goldmohar Gramodyog Sansthan, Kanpur vs. Assistant Commissioner of Income Tax, Central Circle-1, Kanpur

In the result, the appeal is allowed for statistical purposes

ITA 62/LKW/2026[2017-18]Status: DisposedITAT Lucknow25 Jun 2026AY 2017-18

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Goldmohar Gramodyog Vs Asstt Commissioner Of Income Sansthan, 3/44, Vishnupuri, Tax, Central Circle-1, Kanpur Kanpur Pan: Aaaag3341H (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Advocate Revenue By: Sh. Shaurya Shashwat Shukla, Cit Dr Date Of Hearing: 02.04.2026 Date Of Pronouncement: 25.06.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A)-4, Kanpur Passed Under Section 250 Of The Income Tax Act Dated 26.11.2025, Wherein The Ld. Cit(A) Has Dismissed The Appeals Of The Assessee Against The Orders Passed By The Assessing Officer Under Section 143(3) For The A.Y. 2017-18 On 20.12.2019. The Grounds Of Appeal Are As Under:- “1. That The Order Passed By The Commissioner Of Income Tax Appeals Is Arbitrary Illegal Bad In Law & Against The Facts & Circumstances Of The Case. 2. That The Commissioner Of Income Tax Appeals Erred In Dismissing The Appeal Ex-Parte Without Providing A Fair & Meaningful Opportunity Of Being Heard The Commissioner Of Income Tax Appeals Failed To Appreciate That The Non- Compliance Was Due To Reasonable Cause & Bona Fide Reasons & Sustaining The Huge Additions Solely On The Ground Of Non-Attendance Is Contrary To The Principles Of Natural Justice. 3. That The Commissioner Of Income Tax Appeals Erred In Confirming The Addition Of Rs. 24150000 Made By The Ao On Account Of Cash Deposits During The Demonetization Period. That The Authorities Failed To Appreciate That The Cash

For Appellant: Sh. Rakesh Garg, AdvocateFor Respondent: Sh. Shaurya Shashwat Shukla, CIT DR
Section 10Section 115BSection 143(3)Section 250Section 270ASection 271ASection 68Section 69A

Deputy Commissioner of Income -Tax Central Circle-1(1), Ahmedabad, Gujarat vs. Pinkiben Riddheshkumar Bhandari, Ahmedabad, Gujarat

In the result, though the Revenue succeeds on legal grounds, however, there is no merit in the appeal of the Revenue on factual merits

ITA 976/AHD/2025[2018-19]Status: DisposedITAT Ahmedabad24 Jun 2026AY 2018-19

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं /Ita No.976/Ahd/2025 िनधा"रण वष" /Assessment Year : 2018-19 The Dcit Pinkiben Riddheshkumar Centrla Circle 1(1), बनाम/ Bhandari, 201 Panchshil Residency Ahmedabad - 380009 Nr Panchshil Bust Stand, V/S. Usmanpura, Ahmedabad, Gujarat - 380013 "थायी लेखा सं./Pan: Aempb8417L (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Prashant Upadhyay, Ar Revenue By : Shri Abhijit, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 07/04/2026 घोषणा की तारीख /Date Of Pronouncement: 24 /06/2026 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Has Been Preferred By The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals), [Hereinafter Referred To As ‘Cit(A)’] Dated 24.02.2025 For The Assessment Year (Ay) 2018- 19. 2. The Revenue In This Appeal Has Contested The Action Of The Ld. Cit(A) In Deleting The Addition Of Rs. 44,19,060 /- Which Was Made By The Assessing Officer, (For Short, “The Ao”) U/S 68 Of The Income Tax Act, 1961 (Hereinafter

For Appellant: Shri Prashant Upadhyay, ARFor Respondent: Shri Abhijit, Sr.DR
Section 10(38)Section 132Section 148Section 148ASection 68