| Question And Answer | |
|---|---|
| Subject: | PENALTY PROCEEDING u/S 270 AFTER ASSESSMENT U/S 143(2) |
| Category: | Income-Tax |
| Querist: | DIMPLE SHARAD SHAH |
| Answered by: | Law Intern |
| Tags: | Concealment penalty, Section 270A |
| Date: | December 14, 2025 |
what are the consequences of penalty for income escaped in 23-24 accepted by tax payer while scrutiny assessment u/s 143(2).
Facts:
The taxpayer is an artist and has verbal contract for performance for 23-24 and 24-25.
The taxpayer has received total rs. 4.5 cr (1.5cr as advance ) in 23-24 and TDS has been deducted and GST also has been paid for the same and by mistake advances were shown as B2B invoices and hence GST turnover is shown as 4.5cr.
While filing Income tax return it has been observed and the said 1.5 cr advances has been removed from Gross Receipts and the return was filed U/s 44ADA offering 3 Cr as Gross income and tax has been paid.
Now the assessment u/s 143(2) has been initiated and the assessee is ready to offer the same as income in the submission and with interest to avoid penal consequences.
what are the consequences U/s 270F and 271F for the same
Under Section 270A(6), no penalty can be levied if you provide a “bona fide explanation” as to why the ₹1.5 Cr was not offered even though TDS was deducted and it was shown in GST. In other words, you will have to explain on what basis you regarded the amount as a refundable advance. Also, as all material facts were disclosed, there was no intention to evade tax.