“immunity under section 270AA”

PenaltySection 270AASection 270AA68 judgments

The decision most relied on for immunity under section 270AA is PCIT v. Sahara India Life Insurance Co. Ltd. (432 ITR 84), cited in 185 judgments on BharatTax.

Leading authorities on immunity under section 270AA

PCIT v. Sahara India Life Insurance Co. Ltd.

432 ITR 84 · 2021 · High Court

185

citing judgments

The Assessing Officer's failure to specify the exact limb (i.e., concealment of income or furnishing inaccurate particulars) in the show-cause notice issued under Section 274 for penalty under Section 271(1)(c) vitiates the entire penalty proceedings.

Company Limited 432 ITR 84 (Del); 4. Schneider Electric South East Asia (HQ) Pte. Ltd. v. ACIT

145 Taxmann.com 665 · 2022 · High Court

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

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.

Judgments citing immunity under section 270AA

Jaipur Telecom Private Limited, Jaipur vs. DCIT Circle 1, Jpr, Jaipur

In the result the appeal of the assessee in ITA no

ITA 788/JPR/2023[2017-18]Status: DisposedITAT Jaipur22 Apr 2024AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Tarun Mittal (C.A.)For Respondent: Smt. Monisha Choudhary (Addl. CIT)

Section 143(3)Section 270ASection 43(1)

claim of expense sub-clauses (a) and (c) of section 270A(9) were not attracted and, thus, assessee was to be granted immunity under section 270AA. In G R Infraprojects Ltd v. Asstt. CIT [2024] 158 taxmann.com 80 (Raj.) , hon’ble Court, inter alia observed that neither in the assessment ... within the period specified in such notice of demand; and (ii) no appeal has been preferred against the order besides the application for immunity under section 270AA was filed within the prescribed date. Further the Assessing Officer has imposed penalty not within the time prescribed under section 270AA

Jaina Marketing & Associates, Delhi vs. DCIT, Central Circle-18, Delhi

Accordingly, Appeals filed by the assessee are allowed

ITA 226/DEL/2023[2019-20]Status: DisposedITAT Delhi20 Mar 2024AY 2019-20

Bench: Shri M. Balaganesh & Shri Yogesh Kumar U.S.

Section 132Section 153ASection 270ASection 270A(9)Section 270A(9)(a)Section 271(1)(c)Section 271ASection 274

March, 2022 passed by Respondent No. 1 under section 270A of the Act is quashed and Respondent No. 1 is directed to grant immunity under section 270AA of the Act to the Petitioner." 12 of 35 ITA No. 224 & Ors. Jaina Marketing & Associates, Delhi 10. The Mumbai Bench

Jaina Marketing & Associates, Delhi vs. DCIT, Central Circle-18, Delhi

Accordingly, Appeals filed by the assessee are allowed

ITA 225/DEL/2023[2018-19]Status: DisposedITAT Delhi20 Mar 2024AY 2018-19

Bench: Shri M. Balaganesh & Shri Yogesh Kumar U.S.

Section 132Section 153ASection 270ASection 270A(9)Section 270A(9)(a)Section 271(1)(c)Section 271ASection 274

Jaina Marketing & Associates, Delhi vs. DCIT, Central Circle-18, Delhi

Accordingly, Appeals filed by the assessee are allowed

ITA 224/DEL/2023[2017-18]Status: DisposedITAT Delhi20 Mar 2024AY 2017-18

Bench: Shri M. Balaganesh & Shri Yogesh Kumar U.S.

Section 132Section 153ASection 270ASection 270A(9)Section 270A(9)(a)Section 271(1)(c)Section 271ASection 274

Satyam Print House, Mumbai vs. Additional /Joint/ Deputy/Assistant Commissioner of Income Tax, Income Tax Officer, NFAC, Delhi

ITA 2898/MUM/2023[ 2018-19]Status: DisposedITAT Mumbai08 Mar 2024

Bench: SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

For Appellant: Shri Pritesh MehtaFor Respondent: Shri Prashant Mahajan

Section 270ASection 50CSection 56(2)(x)

days from the passing of the assessment order, dated 21/04/2021. It is the case of the Assessee that formal application for seeking 10. immunity under Section 270AA of the Act was not moved by the Assessee as the Assessee was not aware of the provisions contained in Section 270AA

M/S Enria Enterprises Pvt. Ltd, Chennai vs. DCIT. Central Circle - 3(4), Chennai

In the result, appeal filed by the assessee in ITA

ITA 1167/CHNY/2023[2018-19]Status: DisposedITAT Chennai06 Mar 2024AY 2018-19

Bench: Shri Manjunatha. G & Shri Manomohan Das

For Appellant: Shri D. Anand, AdvFor Respondent: Shri R. Clement Ramesh –

Section 2Section 270Section 270ASection 270A(9)

March, 2022 passed by Respondent No.1 under Section 270AA (4) of the Act is set aside and Respondent No.1 is directed to grant immunity under Section 270AA of the Act to the Petitioner.” 7. This Court is of the opinion that the only addition in the assessment order framed ... dated 28th March, 2022 passed by Respondent No.1 under Section 270A of the Act is quashed and Respondent No.1 is directed to grant immunity under Section 270AA of the Act to the Petitioner. 18. At this stage, it is relevant to consider the decision of Hon’ble Madras High Court

M/S Enrice Enterprises Pvt. Ltd, Chennai vs. DCIT, Central Circle-3(4), Chennai

In the result, appeal filed by the assessee in ITA

ITA 1166/CHNY/2023[2017-18]Status: DisposedITAT Chennai06 Mar 2024AY 2017-18

Bench: Shri Manjunatha. G & Shri Manomohan Das

For Appellant: Shri D. Anand, AdvFor Respondent: Shri R. Clement Ramesh –

Section 2Section 270Section 270ASection 270A(9)

Rajesh C Dalal-HUF, Surat vs. Addl/Jt/Deputy/Asst CIT/National E- Assessment Center Delhi, Delhi

In the result, the grounds of appeal raised by the assessee are allowed

ITA 249/SRT/2022[2018-19]Status: DisposedITAT Surat31 Aug 2023AY 2018-19

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Rajesh C. Dalal-Huf, A.C.I.T., P-260, Old Gidc Estate, National E-Assessment Vs. Katargam, Surat-395004. Centre, Delhi. Pan: Aalhr 4363 J Appellant Respondednt

Section 24Section 254(1)Section 270A(1)Section 274

order dated 27.01.2021 passed under section 143(3) of Act. The assessee also submitted that they have also filed Form-68 for granting immunity under section 270AA. 4. The assessing officer after considering the submissions of the assessee recorded that he sent letter to the jurisdictional assessing officer ... revenue that if the penalty was initiated for misreporting of income, the assessee was not eligible for immunity under section 270AA. Yet, we find that the assessee during the assessment filed revised computation of income, and included entire income from house property in its income and such revised computation