ITR
When no penalty is levied for under-reporting
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Facts
Sec 270A excludes some amounts from under-reported income, including where you give a bona fide explanation and disclose all material facts, and amounts based on an estimate where accounts were correct and complete. These are your main defences.
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
- Sec 274 (now Sec 471)No penalty without giving the person a reasonable opportunity of being heard
Analysis
Show that the claim was made openly in the return, for example a deduction of ₹1,50,000 shown in the right schedule with a note, and that it is supported by a reasonable view. Point out that the addition is an estimate, like a 10% disallowance of expenses without finding any specific false bill. Attach the relevant pages of the return and earlier replies. A clean disclosure record is the best defence.
Conclusion
- Show where the item was disclosed in the return
- Explain the bona fide basis for the claim
- Point out if the addition is an estimate
- Ask that penalty be dropped under the exclusions in Sec 270A
A Savvy can do this for you
Penalty notice, Sec 270A / 274 (now 439 / 471)
₹4,999
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