Held that penalty under section 271F cannot be levied if estimated total income was less than maximum amount chargeable to tax , even though assessed income may have been greater than maximum amount not chargeable to tax. The basis of determination income in the assessment order cannot be said to be the basis for filing of return of income under section 139(1) of the Act .Penalty is deleted . (AY. 2013 -14 to 2016 -17) ( ITA Nos 759 to 762 , 764 to 767 /Ahd/ 2023 dt . 21 -2 -2024 )
Maheshbhai Prabhudas Gandhi v. ITO ( 2024) BCAJ – May – 46 ( Ahd)( Trib)
S. 271F : Penalty – Return of income – Failure to furnish – Penalty cannot be levied if the estimated total income was less than maximum amount chargeable to tax – The basis of determination income in the assessment order cannot be said to be the basis for filing of return of income under section 139(1) of the Act- Penalty is deleted . [ S.139(1) , 144, 147, 148 ]
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