2019 (10) TMI 1248 - HC - Income Tax

Levying penalty u/s 271(1)(c) instead of 271AAA - HELD THAT - Admit appeal for following questions of law a) Which year would be the specified previous year in terms of explanation (b) in respect whereof penalty under Section 271 AAA would be leviable, considering the fact that the search under Section 132 was undertaken on 31.01.2011 and the assessee had already filed the return by then for the previous year 2009-10? b) Whether for the previous year 2009-10 (assessment year 2010-11), the Assessing Officer was justified in levying penalty under Section 271 (1)(c) read with explanation 5A?

Summary

The Delhi High Court admitted the case and framed two questions of law related to penalty under Section 271 AAA and Section 271 (1)(c) for the previous year 2009-10. The case will be listed for hearing later.