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Income Tax - Highlights / Catch Notes

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The Appellate Tribunal considered a case involving a penalty ...


Penalty for not filing tax return on time was cancelled as no tax was evaded. Assessee's appeal allowed.

Case Laws     Income Tax

June 13, 2024

The Appellate Tribunal considered a case involving a penalty order u/s 271(1)(c) of the Income-tax Act. The assessee did not file the return of income u/s 139(1) but filed it after a notice u/s 148. The Tribunal held that as the self-assessment tax paid before the notice exceeded the tax on the income assessed, there was no tax sought to be evaded. Therefore, the penalty of Rs. 2,10,000 was unjustified and deleted. The Tribunal did not address other arguments raised by the assessee as the main ground for penalty imposition was not valid. The appeal of the assessee was allowed.

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