Re: 271F penalty
The assessee has not filed return of income. Assessment was completed by making an addition of Rs.9,61,000.The assessee availed Vivad se Vishwas paid taxes received Form. No.5. Penalty under section 271F of Rs. 5,000/- levied. In the scheme no penalty if scheme is availed. Please clarify whether penalty is leviable.
Please refer Circular No . 21/2020 dt .4th December , 2020. ( 2020) 421 ITR 1 ( St ) Q.No 80 . Whether appeal against penalties that are not related to quantum assessment like penalty u/s 271B 271BA , 271DA of the Act etc. are also waived upon settlement of appeal relating to ‘ disputed tax ‘ ?
Ans : No , appeal against such penalty order is required to be settled separately
The assessee has to file an appeal against the levy of penalty and has to contest on merit .
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