Question And Answer
Subject: under/mis- reporting
Querist: BKS
Answered by:
Tags: , ,
Date: April 30, 2023
Query asked by BKS

whether ratio of 280 Taxman 334 / 125 253 (Panji)(FB) ( Bom) (HC) apply to 270A as well ?

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Answer given by

Yes the ratio may hold good . The assessee may have to demonstrate how the facts and wording of the section are identical In Prem Brothers Infrastructure LLP v. NFAC (2022) 288 Taxman 768 / 219 DTR 180 (Delhi)( HC) held that in absence of details as to which limb of section 270A was attracted and how ingredient of sub-section (9) of section 270A was satisfied, mere reference to word misreporting by revenue in penalty order to deny immunity from imposition of penalty and prosecution makes impugned order manifestly arbitrary – Penalty was quashed- Revenue was directed to grant immunity under section 270AA of the Act .

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