The assessee claimed deduction of interest under section 57 at 18 per cent., which the Assessing Officer considered excessive and restricted to 12 per cent. The assessee accepted the disallowance. The Tribunal held that merely making an excessive claim, which was partly disallowed on an estimate, did not amount to misrepresentation or suppression of facts. As the Assessing Officer neither recorded any adverse finding nor specified the applicable limb of section 270A(9), the penalty was unsustainable. The Tribunal held that income voluntarily admitted by the assessee cannot by itself be regarded as under-reported or misreported income within the meaning of section 270A. In the absence of any material establishing misrepresentation or suppression of facts, penalty under section 270A was not leviable (AY. 2017-18).
Sushil Rajendra Kothari v. NFAC (2025) 123 ITR 121 (Mum.)(Trib.)
S. 270A : Penalty-Under-reporting or misreporting of income-Excessive claim of interest expenditure-Mere disallowance on estimate-Not misrepresentation or suppression of facts-Penalty not leviable-Voluntary admission of income-Does not constitute under-reporting or misreporting-Penalty not leviable.[S.270A(9)]
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