ITR
How the 270A penalty amount is worked out
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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.
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
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.
Conclusion
- List each addition in the order with its amount
- Compute the tax effect of each at your marginal rate with cess
- Apply 50% or 200% as charged
- Mark which additions may fall under the exclusions
A Savvy can do this for you
Penalty notice, Sec 270A / 274 (now 439 / 471)
₹4,999
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