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Means of this new rule

(Guest)

good afternoon sir\mam

can you tell me about this new rule.(Income tax new section 271AAB about penalty where search has been initiated) .

which rate of panelty is changed under this rule Income tax new section 271AAB about penalty where search has been initiated

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MAHESH GARG (AUDIT EXECUTIVE) (334 Points)
Replied 12 June 2012

Extract from Taxguru.in:-

In order to strengthen the penal provisions, it is proposed to provide that the provisions of section 271AAA will not be applicable for searches conducted on or after 1st July, 2012. It is also proposed to insert a new provision in the Act (section 271AAB) for levy of penalty in a case where search has been initiated on or after 1st July, 2012. The new section provides that,-

(i) If undisclosed income is admitted during the course of search, the taxpayer will be liable for penalty at the rate of 10% of undisclosed income subject to the fulfillment of certain conditions.

(ii) If undisclosed income is not admitted during the course of search but disclosed in the return of income filed after the search, the taxpayer will be liable for penalty at the rate of 20% of undisclosed income subject to the fulfillment of certain conditions.

(iii) In a case not covered under (i) and (ii) above, the taxpayer will be liable for penalty at the rate ranging from 30% to 90% of undisclosed income.

These amendments will take effect from the 1st day of July, 2012 and will, accordingly, apply to any search and seizure action taken after this date.

I think this would help.

Regards