TaxTMI 
TaxTMI 
TaxTMI 
2025 (10) TMI 1373
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.... u/s 270A of the Act, dated 10.02.2022. 2. The assessee is in appeal before the Tribunal raising the following grounds of appeal: "1. For that the orders of the authorities below are bad in law and fact. 2. For that the learned CIT(A) is not justified in not adjudicating the specific grounds taken with regard to limitation of penalty proceeding and the mandatory affording of opportunity of hearing as per provision of section 270AA (4) of the I.T. Act. 3. For that the penalty order nowhere specify as to how the addition can be considered as 'Misreporting' u/s 270A (9) and falls under which particular limb of the sub-section. 4. For that it is a matter on record that the appellant themselves brou....
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....rting of income. In the penalty order, the Ld. AO has mentioned that in view of the provision of section 270AA(3), the assessee's case was not eligible for grant of immunity and the penalty proceeding was finalised on the basis of information available on record. In para 5 of the penalty order, the Ld. AO has only mentioned that he is of the considered opinion that the assessee had underreported the income due to misreporting for the A.Y. 2018-19 of Rs. 3,80,091/- and hence committed default within the meaning of provision of section 270A(9) of the Act and as such it was a fit case to levy penalty under section 270A(9) being @ 200% of the tax payable on the income underreported due to misreporting, which amounted to Rs.1,95,048/-. Aggrieved....
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....t can be seen that the assessee stated that they themselves detected that the PF and ESI for the period of business i.e. 01.04.2017 to 30.06.2017 was by mistake debited to P & L account of the company. However, the same was being brought to the notice of the Ld. AO. It can be seen that the onus of submitting documentary evidences and declaring correct and true total income for the year under consideration lies upon the assessee and not the accountant or any other staff member of the company. The assessee during the course of appellate proceedings failed to submit the documentary evidences in respect of the PF and ESI debited to the correct P & L account which would have proven the genuineness of the transaction held which the assessee faile....
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....ty proceeding was initiated on 29/12/2020 and the application for immunity was filed on Form No. 68 on 22/01/2021, the order for which was to be passed within a month from the end of the month in which the application was received by the Ld. AO i.e. by 28.02.2021; but the penalty order was passed much later on 10.02.2022 and no separate order for the application for immunity was passed. It was submitted that the penalty order was invalid and illegal on various grounds. It was submitted that the Ld. AO had not given any opportunity before rejecting the application for immunity filed under section 270AA, as is required by the proviso to sub-section (4) of section 270AA of the Act. The Ld. AO has not specified as to how it was a case of misrep....
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.... shall be made within one month from the end of the month in which the order referred to in clause (a) of sub-section (1) has been received and shall be made in such form and verified in such manner as may be prescribed. (3) The Assessing Officer shall, subject to fulfilment of the conditions specified in sub-section (1) and after the expiry of the period of filing the appeal as specified in clause (b) of sub-section (2) of section 249, grant immunity from imposition of penalty under section 270A and initiation of proceedings under section 276C or section 276CC, where the proceedings for penalty under section 270A has not been initiated under the circumstances referred to in sub-section (9) of the said section 270A. (4) Th....