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

Shri Rohtash Monga, Ferozepur vs. Assistant Commisioner of Income Tax Circle, Ferozepur

In the result, the appeal is allowed for statistical purposes

ITA 286/ASR/2023[2017-18]Status: DisposedITAT Amritsar24 Mar 2025AY 2017-18

Bench: Shri Udayan Das Gupta & Shri Krinwant Sahay31Tw? 'Jnftct ^T./Ita No. 286/Asr/2023 Ptyfaui / Assessment Year : 2017-18 Rohtash Monga,' The Acit, Prop. Monga Jewellers, Circle, F.City, Punjab 152002 Ferozepur Wft^Felfh./Pan No: Adqpm0639Q Hitt^/'Respondent 3141 Cl L‘4F/ A P P E 11 A N T ( Hybridhearing ) 3F(T Tt/Assessee By : Shri P.N. Arora, Advocate 'Im'Wcftl 3{R ■$/ Revenue By : Mrs. Neelam Sharma, Sr.Dr ^Hcft^Dt^Wdate Of Hearing 27.12.2024 U 11 Cfrlctt'^Wdate Of Pronouncement 3Ft‘I^T/Order Per Krinwant Sahay, Am: Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 16.09.2023Passed By Id. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Nfac). Grounds Of Appeal Are As Under: - 2. That Whether The Worthy Cit(A). Nfac Is Right In Confirming 1. The Penalty Levied U/S 271-D For A.Y. 2017-2018 Passed On Dt. 16.9.2023 Which Was Not Initiated With The Assessment Order Passed 30.11.2019 By Ao, Range-1. Ferozepur Keeping In View The Letter Of Offer Surrender Dt. 8.11.2011 In Which It Is Written That Surrender Is Subject To No Penal Action Against The Assessee, Which Was Accepted By The Survey Party As Veil As The A.O. Who Framed The Assessment For A. O. 17-18, If Wrong, Then The Penult Orders May Kindly Be Quashed. \

For Appellant: Shri P.N. Arora, AdvocateFor Respondent: Mrs. Neelam Sharma, Sr.DR
Section 115BSection 143(1)Section 143(3)Section 250Section 269SSection 271Section 271A