TaxTMI 
TaxTMI 
2026 (9) TMI 1729
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....026 and WPT No. 165/2026 involve common questions of fact and law, therefore, they were heard together and are being disposed of by this common order. The details of cases are given in tabulation form as under:- Sl. No. WPT No. Order under Section 270AA-Date of order Assessment Year 1. 162/2026 30.07.2026 2024-2025 2. 164/2026 30.07.2026 2021-2022 3. 165/2026 30.07.2026 2024-2025 2. WPT No.162/2026 is taken as lead case and the facts of this case have been taken into consideration for deciding the issue raised in the writ petition. 3. The assessee has filed this petition under Article 226 of the Constitution of India, challenging the order dated 30.07.2026 (Annexure P/6), passed by the C....
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..... Learned counsel for the petitioner further submits that the newly inserted Section 270AA of the Income Tax Act deals with immunity from imposition of penalty. The petitioner after complying with the condition has submitted the application for granting immunity from penalty vide which has been rejected without giving him proper opportunity of hearing. The petitioner was served with notice and was directed to before the Income Tax Department on 15.04.2026. The Assessing Authority kept pending the matter and without giving proper opportunity has rejected the same. Which is nothing but it is violation of principle of natural justice and fair play and would pray for granting and opportunity to appear before the authority and defend the case pr....
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....hat the petitioners were not entitled to waiver of the penalty, the applications seeking immunity from imposition of penalty were rightly rejected. It has also been contended that the submission made by the learned counsel for the petitioner that the petitioners submitted reply on 29.03.2026 and thereafter it was kept for three months is misconceived as per the Section 270AA of the Act. The authority has to examine and verify whether Additional Income Tax amounting to 100%, which has been assessed as per Section 143 or reassessment under Section 147 has been paid within the period specified in the notice and were penalty has been levied the same has been paid within the period specified in the notice of demand and no appeal has been filed a....
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....f tax payable on under-reported income has been paid within the period specified in the notice of demand, in lieu of such penalty; and (c) no appeal has been filed against the order referred to in clauses (a) and (b). (2) An application referred to in sub-section (1) shall be made within one month from the end of the month in which the order referred to in clause (a) and clause (b) of the said sub-section has been received by the assessee, in such form and verified in such manner, as may be prescribed. (3) The Assessing Officer shall, on 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, gra....
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.... prescribed. Thereafter, upon fulfilment of the conditions specified in sub-section (1) and after the expiry of the period for filing an appeal as specified in clause (a) or clause (b) of sub-section (2) of Section 249, the Assessing Authorities shall grant immunity from imposition of penalty under Section 270A and from initiation of proceedings under Section 276C or Section 277, as the case may be. 13. From a perusal of aforesaid provisions of the Act, it is incumbent upon the Assessing Authorities to wait until the expiry of the prescribed appellate period. Therefore, the submission made by learned counsel for the petitioners that the Assessing Authorities waited until the last date of period provided under the statute cannot be accept....