Penalty Sustained Under Section 270A(9)(a) for Undisclosed Foreign Exchange Gains Not Reported in Return Under Section 139(1)

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The ITAT upheld the appellate authority's rectification of the penalty invocation under section 270A(9) from clause (e) to clause (a), sustaining penalty liability for misreporting/under-reporting undisclosed foreign-exchange gains not declared in the return filed under section 139(1). The Tribunal held that voluntary acceptance of quantum additions and lack of a separate quantum appeal do not extinguish penalty exposure where the income was previously undisclosed. The CIT(A)'s exercise of plenary, co-terminus powers with the Assessing Officer to correct the wrongly invoked clause was affirmed, and the order sustaining penalty under section 270A(9)(a) was decided against the assessee.....