2025 (2) TMI 583 - SC - Income Tax

Section 271AAA penalty applies only to undisclosed income not admitted during search proceedings despite tax payment

K. KRISHNAMURTHY Versus THE DEPUTY COMMISSIONER OF INCOME TAX

K. KRISHNAMURTHY Versus THE DEPUTY COMMISSIONER OF INCOME TAX - [2025] 473 ITR 557 (SC), 2025 INSC 208 1. ISSUES PRESENTED and CONSIDEREDThe core legal issues considered in this judgment include:Whether compliance with all three conditions mentioned in Subsection (2) of Section 271AAA of the Income Tax Act, 1961 is mandatory for avoiding penalty.Whether the penalty prescribed at 10% of undisclosed income under Section 271AAA can be reduced if the tax and interest on the undisclosed income are paid, albeit with delay.The interpretation of the terms 'undisclosed income' and 'specified previous year' as defined under Section 271AAA.Whether the penalty under Section 271AAA(1) is automatic or subject to discretion.Whether the penalty could be imposed on the entire returned income or only on the undisclosed income admitted during the search.2. ISSUE-WISE DETAILED ANALYSISCompliance with Section 271AAA(2)Legal Framework and Precedents: Section 271AAA(2) provides conditions under which penalty under Section 271AAA(1) is not applicable. These conditions include admission of undisclosed income during the search, specifying and substantiating the manner of derivation, and payment of tax with interest.Court's Interpretation and Reasoning: The Court held that all three conditions in Section 271AAA(2) are mandatory for avoiding penalty. The appellant failed to meet the third condition of timely payment of tax and interest.Application of Law to Facts: The appellant did not pay the tax and interest on the undisclosed income until three years after the assessment order, failing the condition of Section 271AAA(2).Conclusion: Compliance with all conditions is mandatory to avoid penalty under Section 271AAA(1).Discretion in Imposing Penalty under Section 271AAA(1)Legal Framework and Precedents: Section 271AAA(1) allows the Assessing Officer to impose a penalty at 10% of the undisclosed income. The use of 'may' suggests discretion.Court's Interpretation and Reasoning: The Court emphasized that the discretion to impose penalty is not unfettered and must be exercised judiciously, guided by law.Conclusion: The imposition of penalty is discretionary, not automatic, but must be based on a sound legal basis.Interpretation of 'Undisclosed Income' and 'Specified Previous Year'Legal Framework and Precedents: The terms are defined in the Explanation to Section 271AAA. 'Undisclosed income' refers to income not recorded or disclosed before the search, and 'specified previous year' relates to the year of search or the year before if returns were not filed.Court's Interpretation and Reasoning: The Court held that the onus is on the Assessing Officer to prove the existence of undisclosed income during the search. AY 2011-12 was determined as the specified previous year.Conclusion: The definitions must be strictly construed, and the burden of proof lies with the Assessing Officer.Penalty Imposition on Undisclosed IncomeKey Evidence and Findings: The appellant admitted Rs.2,27,65,580/- as undisclosed income during the search and paid the tax with interest, albeit late. However, Rs.2,49,90,000/- was not admitted during the search but only during assessment proceedings.Application of Law to Facts: Penalty is not attracted on the admitted amount since conditions of Section 271AAA(2) were met, albeit with delay. However, penalty is leviable on the amount not admitted during the search.Conclusion: Penalty is applicable only on the amount not disclosed during the search, emphasizing the importance of timely disclosure and payment.3. SIGNIFICANT HOLDINGSCore Principles Established: Compliance with all conditions of Section 271AAA(2) is mandatory to avoid penalty. The discretion to impose penalty under Section 271AAA(1) is not automatic and must be exercised judiciously.Final Determinations on Each Issue: The Court directed the appellant to pay a penalty at 10% on Rs.2,49,90,000/-, not on the entire returned income, underscoring the need for strict adherence to statutory conditions for penalty exemption.Verbatim Quote: 'Since income of Rs.2,49,90,000/- constitutes undisclosed income found during the search, penalty under Section 271AAA(1) of the Act 1961 is leviable on the said amount.'