9911796707
TMI Blog2022 (3) TMI 1295X X X X Extracts X X X X X X X X Extracts X X X X ..... acted and how the ingredient of sub-section (9) of Section 270A is satisfied. In the absence of such particulars, the mere reference to the word misreporting by the Respondents in the assessment order to deny immunity from imposition of penalty and prosecution makes the impugned order manifestly arbitrary. This Court is of the opinion that the entire edifice of the assessment order framed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Mr.Sohum Dua, Advocates. Respondents Through Mr.Sunil Agarwal, senior standing counsel with Mr. Tushar Gupta and Mr. Amarth Chaudhari, Advocates for the Revenue. J U D G M E N T MANMOHAN, J (Oral): 1. Present writ petition has been filed challenging the impugned order dated 09th March, 2022 passed by Respondent No.1 under section 270AA(4) of the Income Tax Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itation in terms of Section 270AA(4) of the Act, having been passed well beyond the period of one month from the end of the month in which the Petitioner had filed the application seeking immunity. 4. He states that in the instant case, all the facts, information, documents and figures submitted by the Petitioner had been accepted by the Respondents and the subject matter of dispute is a pure q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e penalty notice the Respondents have failed to specify the limb - underreporting or misreporting of income, under which the penalty proceedings had been initiated. 7. This Court also finds that there is not even a whisper as to which limb of Section 270A of the Act is attracted and how the ingredient of sub-section (9) of Section 270A is satisfied. In the absence of such particulars, the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (iii) reduce protracted litigation. 10. Consequently, the impugned order dated 09th March, 2022 passed by Respondent No.1 under Section 270AA (4) of the Act is set aside and Respondent No.1 is directed to grant immunity under Section 270AA of the Act to the Petitioner. 11. With the aforesaid directions, the present writ petition along with pending applications stand disposed of. - - Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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