9911796707
TMI BlogPenalty for under-reporting and misreporting of income.X X X X Extracts X X X X X X X X Extracts X X X X ..... een furnished for the first time under section 280; (c) the income reassessed is greater than the income assessed or reassessed immediately before such reassessment; (d) the amount of deemed total income assessed or reassessed as per section 206, is greater than the deemed total income determined in the return processed under section 270(1)(a); (e) the amount of deemed total income assessed as per section 206, is greater than the maximum amount not chargeable to tax, where no return of income has been furnished or where return has been furnished for the first time under section 280; (f) the amount of deemed total income reassessed as per section 206, is greater than the total income assessed or reassessed under the said sections imm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 206; D = the total income that would have been chargeable had the total income assessed as per section 206 been reduced by the amount of under-reported income. (5) (a) If the amount of under-reported income on any issue is considered both under section 206 and under general provisions, such amount shall not be reduced from total income assessed while determining the amount under D referred to in sub-section (4); (b) in a case where an assessment or reassessment has the effect of reducing the loss declared in the return or converting that loss into income, the amount of under-reported income shall be the difference between the loss claimed and the income or loss, assessed or reassessed. (6) Subject to sub-section (8), where the sour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such that the income cannot properly be deduced therefrom; (c) the amount of under-reported income determined on the basis of an estimate, if the assessee has, on his own, estimated a lower amount of addition or disallowance on the same issue, has included such amount in the computation of his income and has disclosed all the facts material to the addition or disallowance; and (d) the amount of under-reported income represented by any addition made in conformity with the arm's length price determined by the Transfer Pricing Officer, where the assessee had maintained information and documents as prescribed under section 171, declared the international transaction under Chapter X, and, disclosed all the material facts relating to the tra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... preceding order is a loss, the amount of tax calculated on the under-reported income as if it were the total income; (c) in any other case, determined as follows- (X-Y) where,- X = the amount of tax calculated on the under-reported income as increased by the total income determined under section 270(1)(a) or total income assessed, reassessed or recomputed in a preceding order as if it were the total income; and Y = the amount of tax calculated on the total income determined under section 270(1)(a) or total income assessed, reassessed or recomputed in a preceding order. (13) No addition or disallowance of an amount shall form the basis for imposition of penalty, if such addition or disallowance has already formed the basis for pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
