Answer

ITR

When no penalty is levied for under-reporting

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  1. 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.

  2. 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
  3. 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.

  4. Conclusion

    1. Show where the item was disclosed in the return
    2. Explain the bona fide basis for the claim
    3. Point out if the addition is an estimate
    4. Ask that penalty be dropped under the exclusions in Sec 270A

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

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