K. Krishnamurthy v. Dy. CIT (2025) 473 ITR 553 (Karn)(HC)

S. 271AAA: Penalty-Search initiated on or after 1st June, 2007-Undisclosed income-Disclosure in the course of search-Bleted payment of tax and interest-Fulfilment of all three conditions stipulated under subsection (2) mandatory-Levy of penalty is justified. [S. 132 (4), 260A]

The assessee admitted an undisclosed income of Rs. 2,27,65,580/-which according to the revenue was offered by the assessee during the course of investigation. The Deputy Commissioner of Income tax imposed a penalty under Section 271AAA amounting to Rs.47,80,261/-which was partly confirmed by the Tribunal. The Court dismissed the appeal by deciding in favor of revenue. The court held that it was mandatory to follow all three conditions as listed down by the sub-section (2) of the section 271AAA which was not complied by the assessee and refused to reduce the quantum of penalty as the income was undisclosed at the time of filing the return. Appeal of assessee is dismissed. (AY. 2011-12)

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