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    <title>2025 (12) TMI 1352 - ITAT HYDERABAD</title>
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    <description>Penalty under s. 271AAB(1A) was examined on whether the addition made u/s 69B r/w s. 115BBE constituted &quot;undisclosed income&quot; under Expln. (c) to s. 271AAB. The Tribunal held that the statutory definition mandates discovery, during a s. 132 search, of incriminating material representing the income (money/bullion/jewellery/valuable article) or reflected in entries/documents/transactions found in search. Since the quantum proceedings had already recorded a factual finding that no incriminating material was found to support the ?28 lakh addition, the amount could not qualify as &quot;undisclosed income&quot;; consequently, the penalty was unsustainable and was directed to be deleted, allowing the appeal.</description>
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    <pubDate>Fri, 19 Dec 2025 00:00:00 +0530</pubDate>
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      <title>2025 (12) TMI 1352 - ITAT HYDERABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=783812</link>
      <description>Penalty under s. 271AAB(1A) was examined on whether the addition made u/s 69B r/w s. 115BBE constituted &quot;undisclosed income&quot; under Expln. (c) to s. 271AAB. The Tribunal held that the statutory definition mandates discovery, during a s. 132 search, of incriminating material representing the income (money/bullion/jewellery/valuable article) or reflected in entries/documents/transactions found in search. Since the quantum proceedings had already recorded a factual finding that no incriminating material was found to support the ?28 lakh addition, the amount could not qualify as &quot;undisclosed income&quot;; consequently, the penalty was unsustainable and was directed to be deleted, allowing the appeal.</description>
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      <pubDate>Fri, 19 Dec 2025 00:00:00 +0530</pubDate>
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