Haren Textiles (P.) Ltd. v. PCIT (2021) 206 DTR 465 / 323 CTR 14 / 284 Taxman 58 (Bom.)(HC)

S. 270AA : Immunity from imposition of penalty, etc-Application accepted the assessee cannot file an appeal or revision application-Application is rejected there is no bar-Matter remanded. [S. 246A, 264, 270AA(4), Art. 226 ]

The petitioner filed an application under section 270AA(4) of the Act for waiver of penalties. The application was rejected. The assessee filed an revision application before Commissioner under section 264 of the Act.  Commissioner rejected Petitioner’s application on the ground that sub-section 6 of section 270(AA) specifically prohibits revisionary proceedings under section 264 of the Act against the order passed by Assessing Officer under section 270(AA)(4) of the Act. On writ the Court held that where an assessee makes an application under section 270AA(1) and such an application has been accepted under section 270AA(4), assessee cannot file an appeal under section 246A or an application for revision under section 264 against order of assessment or reassessment passed under section 143(3) or section 147.  However, this does not provide for any bar or prohibition against assessee challenging an order passed by Assessing Officer, rejecting its application made under section 270AA(1) of the Act. Order of Commissioner was set aside and directed to decide the matter in accordance with law.  (AY. 2017-18)

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