Answer

ITR

How the 270A penalty amount is worked out

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  1. Facts

    Penalty under Sec 270A is based on the tax payable on the under-reported income, computed as if that income were your total income in some cases, and in others as the difference in tax. The rate is 50% for under-reporting and 200% for misreporting.

  2. Provisions and law

    • Sec 270A (now Sec 439)Penalty of 50% of tax on under-reported income, or 200% where under-reporting is due to misreporting
  3. Analysis

    For an individual already in the 30% slab, ₹6,00,000 of extra income means tax of about ₹1,87,200 including 4% cess. Under-reporting penalty at 50% is about ₹93,600; misreporting at 200% is about ₹3,74,400. If part of the addition is a bona fide claim with full disclosure, that part can be excluded. Do the computation per addition, since some may be defendable and others not.

  4. Conclusion

    1. List each addition in the order with its amount
    2. Compute the tax effect of each at your marginal rate with cess
    3. Apply 50% or 200% as charged
    4. Mark which additions may fall under the exclusions

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Penalty notice, Sec 270A / 274 (now 439 / 471)

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