Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (9) TMI 1656 - AT - Income TaxPenalty levied u/s 271AAA - assessee had not filed the return of income till the date of search i.e. 10.02.2011 starting from assessment year 2005-06 onwards - Held that:- The assessee has not paid the taxes due on returned income (not additional income under section 158BC of the Act) till the date of passing the assessment order and even till date of passing the order levying penalty. The assessee claims to have paid the taxes thereafter, but such payment of taxes which does not accompany the return of income, cannot be held to be compliance to the conditions laid down in sub-section (2) to section 271AAA of the Act. Major portion of taxes have been paid after September, 2013 and consequently, we find no merit in the plea of assessee in this regard and the same is rejected. Accordingly, we reverse the findings of CIT (A) and uphold the levy of penalty under section 271AAA. The application moved under Rule 27 of the Rules is thus, dismissed and the grounds of appeal raised by the Revenue are allowed.
|