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“under-reporting of income”

PenaltySection 270ASection 270A402 judgments

The decision most relied on for under-reporting of income is CIT v. Surendra Prasad Agrawal (275 ITR 113), cited in 38 judgments on BharatTax.

Leading authorities on under-reporting of income

CIT v. Surendra Prasad Agrawal
275 ITR 113 · 2005 · High Court
38
citing judgments

The omission by an Income Tax Officer to initiate penalty proceedings during the assessment, when there is an observation of under-reporting or mis-reporting of income, renders the assessment order erroneous and prejudicial to the interests of the Revenue, granting the Commissioner jurisdiction to revise such an order under Section 263.

Schneider Electric South East Asia (HQ) PTE Ltd. v. Commissioner of Income Tax (International Taxation) & Ors.
443 ITR 186 · 2022 · High Court
29
citing judgments

Penalty under Section 270A of the Income Tax Act, 1961, cannot be imposed if the Assessing Officer fails to specify which clause under Section 270A(9) applies and fails to show cause to the assessee accordingly. Strict adherence to the conditions of Section 270A is mandatory for its applicability.

Alrameez Construction (P.) Ltd. v. NFAC
152 Taxmann.com 382 · 2023 · ITAT
14
citing judgments

Penalty under Section 270A for under-reporting or mis-reporting of income cannot be sustained if additions are made under Section 56(2)(x) and the penalty notice fails to specify the limb under which proceedings are initiated.

Company Limited 432 ITR 84 (Del); 4. Schneider Electric South East Asia (HQ) Pte. Ltd. v. ACIT
145 Taxmann.com 665 · 2022 · High Court
13
citing judgments

Immunity from penalty under Section 270AA may be granted if the assessment order is silent on how the ingredients of Section 270A(9) are satisfied, and the penalty notice fails to specify whether the penalty is for 'under-reporting' or 'misreporting' of income.

GR Infraprojects Ltd. v. ACIT
158 Taxmann.com 80 · 2024 · High Court
11
citing judgments

Penalty under section 270A cannot be sustained without the Assessing Officer specifying the exact charge against the assessee, including which part of section 270A(9) is attracted. Immunity under section 270AA may be granted if the Assessing Officer fails to specify the relevant sub-clause of section 270A(9) or mechanically passes an order without considering the assessee's replies.

DCIT v. Chakradhar Contractors and Engineers (P.) Ltd.
171 Taxmann.com 133 · 2025 · Reported
10
citing judgments

Penalty under section 270A is not leviable in the absence of specifying the sub-clause of section 270A(9) under which the penalty is initiated.

Judgments citing under-reporting of income

Harish Hari Gandhi, Mumbai vs. ACIT Circle 33(1), Mumbai

In the result, the appeal of the assessee bearing ITA No

ITA 7509/MUM/2025[2017-18]Status: DisposedITAT Mumbai03 Feb 2026AY 2017-18

Bench: Shri Anikesh Banerjee & Shri Makarand Vasant Mahadeokarharish Hari Gandhi Vs Assistant Commissioner Of Income Shop No.1, Gokul Monarch, Tax, Circle 33(1), Mumbai Room No. 949, 9Th Floor, Kautilya Thakur Complex, Kandivali (East), Mumbai-400101 Bhawan, G-Block, Bandra (E), Pan:Aadpg1721F Mumbai-400051 Appellant Respondent Assessee By : Shri Paras Savla, Respondent By : Shri Ritesh Misra (Cit Dr) Date Of Hearing : 28/01/2026 Date Of Pronouncement : 03/02/2026 O R D E R Per: Anikesh Banerjee (Jm): The Instant Appeal Of The Assessee Filed Against The Order Of The Ld. Commissioner Of Income Tax Addl/Jcit(A), Thiruvanantpuram [For Brevity ‘The Ld.Cit(A)], Order Passed Under Section 250 Of The Income Tax Act 1961 (For Brevity ‘The Act’) For Assessment Year 2017-18, Date Of Order 10.09.2025. The Impugned Order Emanated From The Order Of The Ld. Assistant Commissioner Of Income Tax

For Appellant: Shri Paras SavlaFor Respondent: Shri Ritesh Misra (CIT DR)
Section 142(1)Section 143(3)Section 250Section 270ASection 43CSection 48

Stamp valuing authority by invoking the provisions of section 43CA of the Act. Penalty u/s. 270A of the Act is initiated separately for under-reporting of income.” 4. The Ld. AR contended that, in respect of Flat Nos. 705 and 502, the difference between the stamp duty value

Capgemini Technology Services India Limited (Successor to Liquidhub India Private Limited), Pune vs. Assistant Commissioner of Income Tax, Circle 1(1), Pune

In the result, the Appeal filed by the Assessee is allowed

ITA 2753/PUN/2025[2020-21]Status: DisposedITAT Pune19 Jan 2026AY 2020-21

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.2753/Pun/2025 निर्धारण वषा / Assessment Year: 2020-21 Capgemini Technology V Assessment Unit, Services India S Income Tax Limited(Successor To Liquid Department. Hub India Private Limited), Plot No.14, Rajiv Gandhi Infotech Park, Hinjewadi, Phase Iii, Midc Sez, Village Man, Taluka Mulshi, District Pune – 411057. Pan: Aaacl8943J Appellant/ Assessee Respondent /Revenue Assessee By Shri Sudin Sabnis & Shri Siddhesh Khandalkar Revenue By Shri Madhukar Anand-Jcit(Through Virtual) Date Of Hearing 05/01/2026 Date Of Pronouncement 19/01/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2020-21 Dated 02.09.2025 Emanating From The Penalty Order Passed Under Section

Section 115JSection 143(3)Section 155Section 155(18)Section 18Section 250Section 270ASection 270A(6)(a)Section 40

payment of Health and Education Cess" 5. The Ld. AO alongwith issuance of the assessment order, also initiated penalty proceedings for alleged under-reporting of income out of mis-reporting of income on account of misrepresentation and suppression of facts. However, penalty amounting to INR 2,31,310 was levied ... Company on alleged underreporting of income. 6. The crux of the matter, i.e., the reason for levying penalty for alleged under-reporting of income, were the AO's observations that the 'tax liability on the disallowance of "Health and Education Cess is not discharged The relevant portions of the penalty