2023 (4) TMI 1488

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....the ld. CIT(A) is erroneous in law and on the facts of the case. 2. The ld. CIT(A) erred in sustaining the levy of penalty of Rs. 31,300/- under section 270A(7) for under reporting of income by the learned Assessing Officer. 3. The ld. CIT(A) ought to have condoned the small delay of four days in filing Form No.68 as mandated by section 270AA for grant of immunity from levy of penalty u/s 270A. 2. The brief facts of the case are that assessee is an individual has filed her return of income on 17.07.2017 for A.Y. 2017-18 admitting a total taxable income of Rs. 95,01,860/-. Subsequently, the case was selected for scrutiny under CASS to verify the 'Foreign Asset'. Notices u/s 143(2) dt.17.08.2018 and notice(s) u/s 142(1) d....

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....ation to the Assessing Officer to grant immunity as contemplated u/s 270AA of the Act and filed Form No.68 with a delay of 4 days from the time provided for those purposes. Neither the Assessing Officer nor the ld. CIT(A) had agreed to the contention of the assessee and condoned the delay and therefore, no order was passed by the Assessing Officer condoning the delay of 4 days in filing the requisite form as required u/s 270AA of the Act and granting the immunity to the assessee. Hence, the assessee is in appeal before us. 6. The ld. AR for the assessee has drawn our attention to Para 4.4. of the order passed by the ld. CIT(A) which is to the following effect : "4.4 I have duly considered the penalty order and the written submis....

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....e month in the end of the month, in which the order has been received by the assessee. Admittedly, the assessee after receipt of the order, assessee had filed an application for grant of immunity with a delay of 4 days. As the application was not moved within the period of 30 days, the Assessing Officer had passed the order against the assessee without granting the immunity u/s 270AA of the Act. From the reading of section 270AA of the Act, it is clear that nowhere it is mentioned that in case the assessee filed Form 68 after a period of 30 days, then the Assessing Officer / ld. CIT(A) was not empowered to condone the delay in filing the requisite form. As per clause 4 of section 270AA of the Act, it casts a duty on the Assessing Officer to....