Assessing Officer passed assessment order against assessee and also initiated penalty proceedings under section 270A(9)-Assessee filed an application seeking immunity from imposition of penalty under section 270AA. Assessing Officer rejected the application on ground that while computing income of assessee and its return of income, it had not just under-reported income, but also misrepresented facts claiming deduction of expenses, which were already self-disallowed, and therefore, it was a fit case for penalty proceedings under section 270A. It was also stated that penalty proceedings should be initiated separately under section 270A(9). On writ the court held that there was a specific finding recorded in assessment order that assessee had under-reported income by misrepresenting facts in return of its income, application under section 270AA seeking immunity from imposition of penalty is not maintainable. (AY. 2020-21)