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Income Tax - Highlights / Catch Notes

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The Appellate Tribunal examined the validity of penalty ...


Validity of penalty proceedings u/s 270A found flawed; AO didn't specify relevant clauses. Penalty cancelled.

Case Laws     Income Tax

June 22, 2024

The Appellate Tribunal examined the validity of penalty proceedings u/s 270A due to the failure to specify relevant clauses. It was held that the penalty proceedings were flawed as the initiating notice did not pinpoint the specific clauses of sub-section 9, resulting in underreporting of income. The Tribunal rejected the Revenue's arguments, citing legal precedents that supported the Tribunal's jurisdiction to address pure legal questions in such proceedings. Accordingly, the penalty was deemed invalid and deleted based on the AO's failure to identify the specific default on the assessee's part as required by the law.

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