High Court overturns penalty for alleged income misreporting; case remanded for reconsideration of immunity request.

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....This case pertains to the imposition of penalty u/s 270AA for under-reporting of income due to misreporting. The assessee had availed interest-bearing loans and advanced unsecured loans, with the interest payable on certain loans being higher than the interest earned. The Assessing Officer (AO) made an addition on account of the negative interest spread and initiated penalty proceedings, alleging misreporting of income. However, the High Court observed that prima facie, it did not appear to be a case of misreporting as the facts were disclosed by the assessee. The AO passed the penalty order without considering the assessee's contentions due to technical difficulties. The High Court set aside the AO's order and remanded the matter for fresh consideration of the assessee's request for immunity from penalty u/s 270AA.....