ITAT held that the penalty under s.270A(2) for underreporting...

ITAT held that the penalty under s.270A(2) for underreporting was unsustainable and directed its deletion where the assessee, during scrutiny for AY 2020-21, surrendered an incorrect deduction for education cess in light of the retrospective amendment to s.40(a)(ii) effected by Finance Act 2022. The Tribunal found the assessee complied with the proviso to s.155(18) by honestly surrendering the claim and paying tax within the statutory window (to 31-03-2023), thereby attracting the statutory immunity from penalty. Consequentially the appeal is allowed and the levy of penalty under s.270A(2) is set aside.

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