TRIJAL ENTERPRISE PRIVATE LIMITED,BHUBANESWAR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2,BHUBANESWAR, BHUBANESWAR

ITA 262/CTK/2025Status: DisposedITAT Cuttack02 December 2025AY 2018-19Bench: SHRI GEORGE MATHAN (Judicial Member), SHRI RAJESH KUMAR (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal held that penalty under Section 270A is not leviable when the revised return filed in response to a search is accepted by the AO without additions. The penalty notice was also found to be vague, failing to specify the exact charge against the assessee.

What were the facts?

The assessee filed original returns showing a loss for AY 2017-18 and income for AYs 2018-19 and 2019-20. Following a search, revised returns were filed under Section 153A, which were accepted by the AO without additions. However, the AO initiated penalty proceedings under Section 270A for misreporting income.

What were the issues?

Whether penalty under Section 270A is leviable when revised returns are accepted by the AO, and whether the penalty notice was valid.

Which sections of the Income-tax Act were involved?

Section 270A,Section 153A

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Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK

Before: SHRI GEORGE MATHAN & SHRI RAJESH KUMAR

Hearing: 02/12/2025Pronounced: 02/12/2025

Per Bench : These are the three appeals filed by the assessee against the separate orders passed by the ld. CIT(A), Bhubaneswar-2, all dated 25.03.2025 for the assessment years 2017-2018, 2018-2019 & 2019-2020 confirming the penalty levy under 270A of the Act.

2.

It was submitted by the Ld. AR that for the impugned assessment years the assessee

The order continues below.

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