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

Sanjay Savjibhai Patel, Bhavnagar vs. The ITO, Ward-1(1), Bhavnagar

Appeal of the assessee is allowed

ITA 2190/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad16 Jun 2026AY 2017-18

Bench: Ms. Suchitra Kamblemr. Sanjay Savjibhai Patel, The Income Tax Officer, Plot No.130/A, Street No.8, Ward 1(1), Bhavnagar, Sarita Society, Aaykar Bhawan, Bhavnagar Para, Income Tax Office, Vs. Bhavnagar, Nr. Jashonath Chowk, Gujarat Nauka Baug, Bhavnagar, Gujarat Pan:Ankpp7045H (Appellant) : (Respondent) : Shri Chetan Agarwal, Ar Assessee By Respondent By : Shri Girish Parihar, Sr. Dr Date Of Hearing : 01.04.2026 : 16.06.2026 Date Of Pronouncement O R D E R Per : Suchitra Kamble, J M: The Appeal Filed By The Assessee Is Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals), Addl/Jcit(A)[In Short “Cit(A)”], Mysore Dated 19.08.2025 For The Assessment Year (In Short “Ay”) 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Ld. Cit(A) Has Erred, Both In Law & On Facts, In Confirming Addition Of Rs.12,00,000/-Made U/S 68 Of The Act In Respect Of Deposits In Bank Account. 2. Both, Ao & Cit(A), Have Erred In Passing The Impugned Orders Without Properly Appreciating Facts Of The Case, Submissions Of The Assessee & Documentary Evidences Available On Record In The Correct Perspective. Such An Act Is In Gross Violation Of The Principles Of Natural Justice & Hence, The Impugned Order Deserves To Be Quashed. 3. The Ld. Cit(A) Has Erred In Law & On Facts Of The Case In Confirming Levy Of Interest U/S. 234A/B/C/D Of The Act. Mr. Sanjay Savjibhai Patel

For Respondent: Shri Girish Parihar, Sr. DR
Section 142(1)Section 143(2)Section 234ASection 271ASection 68