2026 (2) TMI 1187

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s. 270A of the I.T. Act, 1961 levying penalty of Rs. 4,07,239/- which is illegal and bad in law hence the same should be cancelled. 2. The Learned Commissioner of Income Tax (Appeals), has erred in confirming the action of the Assessing Officer in passing an order u/s. 270A of the I.T. Act, 1961 levying penalty without considering the fact that the appellant has filed Form 68 and paid the tax and interest as per the demand notice issued with the assessment order. 3. The appellant craves leave to add, alter, amend or modify any of the grounds of appeal on or before the date of hearing of appeal." 3. The assessee is an individual and has not filed income tax return for assessment year 2018-19. The case of the assessee was....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....iled on 20-03-2023 requesting thereby for granting of credit of taxes paid. The rectification application was not disposed of. The ld. A.R. further submitted that the assessee also filed a separate application for immunity for penalty as per the provisions of section 270AA of the Act vide Form no. 68 vide letter dated 05-09-2023. The FAO had called for documents with respect to the immunity application u/s. 270AA of the Act. The assessee filed reply dated 08-09-2023 which was uploaded on ITBA on 11-09-2023. It was communicated to the FAO with the application u/s. 270AA(2) that the application for immunity for penalty u/s. 270AA was submitted in Form 68 before ITO-Ward 6(1)(1) Ahmedabad i.e. JAO which was duly verified on 16-03- 2023. The ld....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ad been disposed of, there was no demand outstanding and taxes along with interest payable as per the order of re-assessment. Further, no appeal against the Assessing Officer was filed by the assessee. The manual application filed has been duly verified on 16-03-2023 and the same was not disputed. Thus, the Assessing Officer submitted that where all the conditions have been duly satisfied, the immunity for imposition of penalty u/s. 270AA of the Act should have been granted to the assessee. 6. The ld. D.R. submitted that the assessee time and again was asked the evidence as to whether the assessee has filed a manual application or through valid electronic filing Form 68 within the prescribed time limit. The assessee has not given any det....