Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights December 2024 Year 2024 This

The Income Tax Appellate Tribunal allowed the assessee's appeal ...


No penalty for income under-reporting when all facts disclosed to tax officer: ITAT.

December 2, 2024

Case Laws     Income Tax     AT

The Income Tax Appellate Tribunal allowed the assessee's appeal against the penalty levied u/s 270A. The Tribunal held that it was not a case of misrepresentation or suppression of facts, as the assessee had duly disclosed all relevant facts before the Assessing Officer and in the return of income. The Tribunal emphasized that for levying penalty u/s 270A, the Assessing Officer must establish misreporting of income under the specific clauses of sub-section (9) of Section 270A, which was not done in this case. The assessee's belief regarding the applicability of exemption u/s 54F was bona fide, and there was no question of misrepresentation or suppression of facts when all facts were duly stated and reported.

View Source

 


 

You may also like:

  1. Penalty levied u/s 274 read with Section 270A - assessee computed tax on disallowed depreciation amount at maximum marginal rate and levied 200% penalty on payable tax -...

  2. Penalty order u/s 271AAB for treating an amount included in the Return of Income as 'undisclosed income' was found unjustified. The Commissioner of Income Tax (Appeals)...

  3. Penalty u/s 271AAB for unexplained cash commission expenses u/s 69C cannot be imposed if the additional income disclosed by the assessee in the return of income is not...

  4. Penalty proceedings u/s 270A - Applicable rate of penalty - The Appellate Tribunal noted that while the penalty notice cited under-reporting of income, the AO imposed...

  5. Validity of reopening of assessment u/s 147 - the Explanation to the sub-section has nothing to do with “inferences” and deals only with the question whether primary...

  6. Penalty u/s. 270A - Under-reporting of income / Mis-reporting - Interest income from income tax refunds - After reviewing the submissions and case materials, the...

  7. Penalty levied u/s 271B - tax audit report - In our view, strained relationship with the earlier CA would constitute reasonable cause. The tax authorities have pointed...

  8. The assessee failed to file the original return of income, and the Assessing Officer initiated penalty proceedings for underreporting income. The assessee's authorized...

  9. The assessment years beyond six years but not exceeding ten years can be reopened u/s 153A only if the Assessing Officer possesses evidence depicting escapement of...

  10. Petitioner failed to submit tax audit report timely. Assessing Officer (AO) concluded late filing showed mala fide intent to evade tax. Court held AO's conclusion...

  11. Insertion of new section 270A - Penalty for underreporting and misreporting of income. - tax payable on under-reported income shall be calculated as if such...

  12. CBDT extends due date for filing Income Tax Returns and Tax Audit Reports

  13. Income-tax Officer (Intelligence) authority to issue notice u/s 133(6) - Jurisdiction of Income Tax Authorities u/s 120 - From the reliance on the notification dated...

  14. immunity from imposing penalty u/s 270AA - Penalty u/s 270A for failure to file the return of income (ITR) - Under Section 270 AA of the Income Tax Act, immunity from...

  15. Penalty u/s 270A(9) for mis-reporting of income due to excess claim of ineligible expenditure u/s 35(2AB) was imposed. The Dispute Resolution Panel (DSIR) certificate in...

 

Quick Updates:Latest Updates