Answer

ITR

Penalty for years before AY 2017-18

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  1. Facts

    Sec 270A applies from AY 2017-18. Older years used Sec 271(1)(c), penalty for concealment or furnishing inaccurate particulars, at 100% to 300% of the tax sought to be evaded. These old cases still run under the old provision.

  2. Provisions and law

    • Sec 271(1)(c), Income-tax Act 1961Old penalty for concealment of income or inaccurate particulars, before AY 2017-18
    • Sec 274 (now Sec 471)No penalty without giving the person a reasonable opportunity of being heard
  3. Analysis

    Old cases often come back after appeals or remand. Check that the notice specifies whether it is concealment or inaccurate particulars, since courts have set aside notices that did not. The same defences of bona fide claim and full disclosure apply. There is no direct equivalent in the 2025 Act, so the 1961 provision is cited alone.

  4. Conclusion

    1. Confirm the assessment year and the section in the notice
    2. Check whether the notice specifies the charge
    3. Reply on merits with disclosure evidence
    4. Appeal within 30 days if penalty is levied

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

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