2026 (7) TMI 1704

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....sessee : Shri Pankaj Goel, CA For the Revenue : Shri Amar Pal Singh, Sr. DR (VC) ORDER PER SANJAY AWASTHI, ACCOUNTANT MEMBER: 1. This appeal arises from order dated 27.02.2026, passed u/s. 250 of the Income Tax Act, 1961 (hereafter as "the Act"), by Ld. NFAC. In this case, the claim of the assessee u/s. 80G of the Act amounting to Rs. 8,30,000/- was disallowed by the Ld. AO and thereaf....

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....n relevant documents for our perusal and placed on record several orders of coordinate benches and the Hon'ble Delhi High Court to canvass the point that the default of the assessee has to be classified under one of the six limbs of the Section 270A(9) of the Act for it to be legally valid. The Delhi High Court case relied on is the case of Prem Brothers Infrastructure LLP reported in 142 taxmann.....

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....T, International Taxation [W.P. (C) No. 5111 of 2022, dated 28.03.2022] observed as under: - "6. Having perused the impugned order dated 9th March, 2021, this Court if of the view that Respondents' action of denying the benefit of immunity on the ground that the penalty was initiated under section 270A of the Act for misreporting of income is not only erroneous but also arbitrtrary and be....

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....titioner to buy peace and avoid litigation, which fact has been duly noted and accepted in the assessment order as well and consequently, there is no question of any misreporting. 9. This Court is further of the view that the impugned action of Respondent No. 1 is contrary to the avowed Legislative intent of Section 270AA of the Act to encourage/incentivize a taxpayer to (i) fast-tract se....