ITR
Penalty for under-reporting after a best judgment order
Updated . Every paid answer is checked by a CA. Free AI answers are labelled until a CA verifies them.
Facts
If the assessed income is higher than the income you returned, or above the basic exemption limit where no return was filed, a penalty under Sec 270A can be started. It is 50% of tax on under-reported income, and 200% for misreporting.
Provisions and law
- Sec 270A, Income-tax Act 1961 (now Sec 439)Penalty of 50% of tax on under-reported income, and 200% for misreporting.
- Sec 274, Income-tax Act 1961No penalty order without giving you a hearing (now Sec 471, mapping confidence medium).
Analysis
Say the order assesses ₹8,00,000 where no return was filed. The under-reported income is measured against the basic exemption limit, and tax on it sets the 50% penalty. If you appeal the addition, ask for the penalty proceedings to be kept pending till the appeal is decided. Penalty can also be challenged on its own.
Conclusion
- Check the order for a line starting penalty proceedings.
- Appeal the additions within 30 days.
- Reply to the penalty notice citing the appeal.
- Show that there was no misreporting where true.
- Appeal any penalty order passed.
A Savvy can do this for you
Best judgment assessment, Sec 144 (now 271)
₹4,999
Get this doneAsk a Savvy on WhatsAppGeneral guidance from TaxSavvy’s library of money processes. Laws change; your Savvy confirms the answer on your exact case before anything is filed.
People also ask
- Best judgment assessment after missing replies
- Sec 270A (now 439) penalty: how to contest under-reporting vs misreporting
- Demand after best judgment assessment with no return
- What a penalty notice under 270A and 274 means
- Penalty risk after a reassessment addition
- Appealing a penalty order under Sec 270A