CHUNDAYIL KALAM GIRIJADEVI ,KERALASSERY vs. ITO WARD 1 & TPS, PALAKKAD

ITA 564/COCH/2025Status: DisposedITAT Cochin22 September 2025AY 2018-19Bench: SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)1 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that there was no misrepresentation or suppression of facts, as all material facts were disclosed and the claim was based on a bonafide belief. Furthermore, even if it were underreporting, the assessee was entitled to immunity under Section 270AA as the tax demand was paid and no appeal was filed against the assessment order.

What were the facts?

The assessee, a retired employee, claimed an exemption of INR 20,00,000/- on gratuity received. The Assessing Officer restricted the exemption to INR 10,00,000/- based on the retirement date and initiated penalty proceedings under Section 270A for misreporting of income.

What were the issues?

Whether the penalty levied under Section 270A for claiming an enhanced exemption of gratuity based on a bonafide belief was justified, and if not, whether the assessee was entitled to immunity under Section 270AA.

Which sections of the Income-tax Act were involved?

Section 250,Section 270A,Section 271(1)(c),Section 10(10),Section 10(10AA),Section 270AA

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(4)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, “DB” BENCH, COCHIN

[ Per Rahul Chaudhary, Judicial Member:

1.

The present appeal preferred by the Assessee is directed against the Order, dated 14/07/2025, passed by National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘the CIT(A)’] under Section 250 of the Income Tax Act, 1961 [hereinafter referred to as ‘the Act’] whereby the Ld. CIT(A) had dismissed the appeal against the Penalty Order, dated 02/08/2021, passed under Section 270A of the Act for the Assessment Year 2018-2019. 2. The Assessee has raised following grounds of appeal : “A. Th

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 270A

All 4,156 judgments and leading authorities on Section 270A →

Recent GST High Court judgments

Search GST case law →