The assessee was engaged in the business of construction. The AO made an addition of Rs. 8.33 crores by estimating income from contract work at 10% of turnover as against 7.37% declared by the assessee. Subsequently, he initiated penalty proceedings under section 270A for under-reporting of income in consequence of misreporting. On appeal, the CIT(A) deleted the penalty on account of non-specification of the limb within which the penalty was imposed. On the revenue’s appeal to the ITAT, it was held that where neither in assessment order nor in notice issued under section 274 r.w.s. 270A had the AO specified as to under which limb of provisions of section 270A(2) or 270A(9) assessee had misreported or underreported it’s income; no penalty under section 270A was leviable. [AY. 2020-21  2021-22]