Immunity from Penalty and Prosecution in Income Tax Law : Clause 440 of the Income Tax Bill, 2025 Vs. Section 270AA of the Income-tax Act, 1961

Immunity from penalty: mechanism to obtain protection from penalty and prosecution when tax is paid and no appeal is filed.

Clause 440 permits an assessee to apply for immunity from penalty and prosecution where tax and interest under the assessment/reassessment order are paid within the notice period and no appeal is filed; the application must be made within one month in prescribed form, the AO must decide within three months after giving opportunity of being heard, immunity is granted only after the appeal period expires and excludes cases of aggravated defaults, and an order on immunity is final and bars appeal or revision if accepted.