CHIGURUVADA DILEEPKUMAR,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-3(3)(1), BENGALURU

ITA 832/BANG/2023Status: DisposedITAT Bangalore27 May 2024AY 2020-21Bench: SMT BEENA PILLAI (Judicial Member), SHRI LAXMI PRASAD SAHU (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal held that the AO failed to specify which limb of Section 270A was attracted and how the ingredients of sub-section (9) were satisfied. The Tribunal quashed the penalty order and directed the AO to consider the assessee's application for immunity from penalty under Section 270AA.

What were the facts?

The assessee claimed deductions under Section 80E and exemption under Section 10(13A) in their original return, which were later disallowed by the Assessing Officer (AO) due to lack of supporting evidence. The AO initiated penalty proceedings under Section 270A for underreporting income due to misreporting.

What were the issues?

Whether the penalty under Section 270A was rightly imposed for underreporting of income due to misreporting, and whether the assessee was eligible for immunity from penalty under Section 270AA.

Which sections of the Income-tax Act were involved?

Section 270A,Section 270AA,Section 10(13A),Section 80E

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Income Tax Appellate Tribunal, ‘C’ BENCH : BANGALORE

Before: SMT BEENA PILLAI & SHRI LAXMI PRASAD SAHU

For Respondent: Shri V. Parithivel, JCIT (DR)

PER BEENA PILLAI, JUDICIAL MEMBER Present appeal arises out of order passed by NFAC dated 30.08.2023 for A.Y. 2020-21 on following grounds of appeal:

Page 2 ITA Nos. 832/Bang/2023 & 143/Bang/2024 Tax effect relating Grounds of Appeal to each Ground of appeal (See note below) The orders of the honorable National Faceless Appeal centre in so far as they are against the 1. appellant, are opposed to law, weight of evidence, natural justice, probabilities, facts and circumstances of the appellant's case. The appellant denies itself for levy of penalty 2. of Rs. 15,95,172/- for the year under considerati

The order continues below.

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