Immunity from penalty and prosecution, Sec 270AA Form 68 (new Sec 440 Form 161)

Tax notices

Immunity from penalty and prosecution, Sec 270AA Form 68 (new Sec 440 Form 161)

What this means, checked by a CA

If the addition is small or hard to fight, you can pay the tax and interest and ask for immunity from the 50% or 200% penalty and from prosecution, instead of appealing. We compare both routes, check the payment and file the immunity form on time.

₹2,999

One time, + 18% GST

  • Delivered in 2 working days after the order and payment proof
  • Due: Within one month from the end of the month in which the assessment or reassessment order is received; tax and interest paid within the period in the demand notice

How we do it: IDFD

Every case runs through the same four steps: Information, Discussion, Forms, Deliverables. You see each one ticked as it happens.

InformationWhat we need from you · 6 items
  1. Assessment or reassessment order

    Order number and date received

  2. Notice of demand

    Amount and payment due date

  3. Challans for tax and interest

    BSR, serial, date and amount

  4. PAN and portal login

    Form filed online only

  5. Penalty show cause noticeOptional

    Under-reporting or misreporting limb

  6. Any rectification or appeal filed

    Appeal bars immunity

DiscussionWhat we discuss · 5 items
  1. Is the addition worth fighting on merits, or is paying and taking immunity cheaper?

    Immunity means giving up the appeal

  2. Have you already filed an appeal against this order?

    Form cannot be filed after an appeal

  3. Can you pay the full demand, tax and interest, by the demand due date?

    Partial payment is not accepted

  4. Is the penalty notice for under-reporting or misreporting?

    Misreporting needs extra 100% tax (120% under new Act clause (g))

  5. When exactly did you receive the order?

    One month from end of that month

FormsForms we file · 5 items
  1. Compare outcomes: appeal and possible penalty vs pay and immunity

    Tax plus interest (plus additional tax for misreporting) vs penalty of 50% or 200% of tax and appeal cost

    Where: Internal. Due: Within days of the order

  2. Pay tax and interest in full as per the demand notice

    Where: https://www.incometax.gov.in. Due: Within the period in the demand notice

  3. File the immunity form (Form 68 for 1961 Act orders; Form 161 for 2025 Act orders) with order, demand and challan details

    Where: https://www.incometax.gov.in. Due: Within one month from end of month the order was received

  4. Reply to any AO hearing notice on the application

    Where: https://www.incometax.gov.in. Due: As per notice

  5. Do not file an appeal until the AO decides and the appeal period has run

    Where: Internal. Due: Until decision

DeliverablesWhat you get · 3 items
  1. Form acknowledgement number

    When: Same day

  2. AO order accepting or rejecting

    When: Within three months from end of month of filing under Sec 440

  3. Advice note if rejected

    When: After rejection

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+ 18% GST

Book Immunity from penalty and prosecution, Sec 270AA Form 68 (new Sec 440 Form 161)