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Income Tax - Highlights / Catch Notes

Home Highlights September 2020 Year 2020 This

Penalty proceedings u/s 271AAA - the penalty was initiated u/s ...


Penalty Imposed Under Wrong Section: 271AAB Instead of 271AAA After Post-July 2012 Search; Legally Unsustainable Penalty.

September 21, 2020

Case Laws     Income Tax     AT

Penalty proceedings u/s 271AAA - the penalty was initiated u/s 271AAA in the quantum assessment order whereas the same has finally been levied u/s 271AAB which would show non- application of mind on the part of Ld. AO to factual matrix of the case. It is noted that the penal provisions of Sections 271AAA were not, at all, applicable to the facts of the case since the search was conducted on the assessee after 01/07/2012. Therefore, from any angle, the penalty would not be sustainable in the eyes of law - AT

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