RENIL E K KUMAR,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3(3)(1), BENGALURU, BENGALURU

ITA 2468/BANG/2025Status: DisposedITAT Bangalore12 May 2026AY 2022-2319 pages
AI SummaryAllowed

What were the facts?

The assessee claimed exemption under Section 10(10CC) for ESOPs based on Form 16. The Assessing Officer (AO) denied this exemption, added it back to income, and initiated penalty proceedings under Section 270A for under-reporting and misreporting income. The assessee argued the claim was made in good faith due to limited tax knowledge and returned the refund received.

What did the Tribunal hold?

The Tribunal held that the AO failed to properly establish the charge of under-reporting and misreporting income as per the specific provisions of Section 270A. The AO was confused about whether the assessee had under-reported or misreported income, violating natural justice principles.

What were the issues?

Whether the penalty under Section 270A was validly levied without clearly establishing under-reporting and misreporting as per statutory requirements and whether the AO followed the correct procedure and principles of natural justice.

Which sections of the Income-tax Act were involved?

Section 10(10CC),Section 270A,Section 274,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH : BANGALORE

Before: SHRI WASEEM AHMED & SHRI KESHAV DUBEY

PER KESHAV DUBEY, JUDICIAL MEMBER This appeal at the instance of the assessee is directed against the order of learned CIT(Appeals)/NFAC dated 27.08.2025 vide DIN and Order No. ITBA/NFAC/S/250/2025-26/1080058809(1) passed under Section 250 of the Income Tax Act, 1961 (in short “the Act”) for the AY 2022-23. 2. The assessee has raised the following grounds of appeal:-

ITA Nos.: 2468/Bang/2025 1. The order passed by the learned Commissioner of Income Tax (Appeals), NFAC (“CIT(A)”), under Section 250 of the Income Tax Act, 1961 (“the Act”), insofar as it is against the Appellant, is opposed to l

The order continues below.

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