Answer

ITR

Penalty risk after a reassessment addition

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  1. Facts

    An addition in reassessment can lead to penalty for under-reporting, at 50% of the tax on that income, or 200% for misreporting. Immunity is possible if you accept the order, pay, and do not appeal. Penalty needs a separate notice and hearing.

  2. Provisions and law

    • Sec 270A (now Sec 439)Penalty of 50% of tax on under-reported income and 200% for misreporting
    • Sec 270AA (now Sec 440)Immunity from penalty and prosecution if you accept the order, pay and do not appeal
    • Sec 274 (now Sec 471)No penalty without giving you a reasonable opportunity of being heard
  3. Analysis

    For an addition of ₹10 lakh at 30% plus cess, tax is about ₹3,12,000, so under-reporting penalty under Sec 270A (now Sec 439) would be about ₹1,56,000. Misreporting, such as suppressed facts or false entries, carries 200%. Sec 270AA lets you apply for immunity in Form 68 if you pay the tax and interest and do not appeal, except in misreporting cases. Weigh appeal prospects against the immunity route with a CA.

  4. Conclusion

    1. Read the order to see whether penalty is initiated and on what ground.
    2. Estimate the penalty amount.
    3. Decide between appeal and the immunity route.
    4. Reply to the penalty notice within the time given.

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Reassessment, Sec 148A / 148 (now 281 / 280)

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