ITR
Appealing a penalty order
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Facts
Yes. Penalty orders, including under Sec 270A for under-reporting, are appealable to the Commissioner (Appeals), with a fee of ₹250 as 'other matters'.
Provisions and law
- Sec 246A, Income-tax Act 1961 (now Sec 357)Lists orders you can appeal before the Commissioner (Appeals), including intimations with adjustments, assessments, rectification and penalty orders.
- Sec 270A, Income-tax Act 1961 (now Sec 439)Penalty for under-reporting and misreporting of income.
Analysis
File within 30 days of service of the penalty order. If the addition behind the penalty is already in appeal, say so; penalty often falls if the addition is deleted. Also argue on the penalty itself, such as no misreporting where you disclosed all facts.
Conclusion
- Note the date of service of the penalty order.
- Pay the ₹250 fee.
- Draft grounds on the penalty and link to the quantum appeal.
- File Form 35 within 30 days.
- Seek stay of the penalty demand.
A Savvy can do this for you
Appeal to CIT(A), Form 35 (now Form 99)
₹9,999
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