The Finance Bill 2025 has introduced significant amendments to Section 271AAB of the Income-tax Act, 1961. This section previously dealt with penalties for searches initiated after December 15, 2016. However, the amendments mean that the penalty under Section 271AAB will no longer apply to searches conducted on or after September 1, 2024. For searches initiated from this date onwards, a 50% penalty under Section 158BFA will be applicable.
Major Changes in Penalty Provisions Under Income-tax Act: Section 271AAB Amended by Finance Bill 2025
Q1. What is Section 271AAB of the Income-tax Act, 1961?
Ans. Section 271AAB of the Income-tax Act, 1961 relates to penalty in respect of searches initiated after 15.12.2016.
Q.2 What is the amendment brought in section 271AAB of Income-tax Act, 1961 by Finance Bill 2025?
Ans. Penalty under section 271AAB is not applicable for searches conducted on or after 01.09.2024
Q3. Is penalty under section 271AAB applicable or searches conducted between 01.09.2024 and 01.04.2025?
Ans. No, penalty under section 271AAB is not applicable for searches conducted on or after 01.09.2024.
Q4. Which penalty is applicable for searches initiated after 01.09.2024?
Ans. Penalty @50% as per section 158BFA shall be leviable on an assessee in whose case search has been initiated under section 132 on or after 01.09.2024.
FAQ :
Section 271AAB of the Income-tax Act, 1961, pertains to penalties in cases where searches were initiated after December 15, 2016.
The Finance Bill 2025 amends Section 271AAB so that the penalty provisions under it are not applicable for searches conducted on or after September 1, 2024.
No, the penalty under Section 271AAB is not applicable for searches conducted on or after September 1, 2024.
For searches initiated under section 132 on or after September 1, 2024, a penalty of 50% as per section 158BFA shall be leviable on the assessee.