The assessee filed the return of income and claimed the refund of tax deducted at source , though the salary income was not offered to tax . The Assessing Officer issued notice under section \u00a0139(9) to rectify the mistake however the return was not rectified . \u00a0In the course of assessment proceedings the Assessing Officer issued the notice u\/s 143 (2) and made addition of Rs. 62 ,93, 742 to the total income of the assessee . In the course of penalty proceedings the assessee contended that by inadvertently gross salary was not shown in the return . The Assessing Officer levied the penalty of Rs .44,90,048\u00a0 under section 270A(8) of the Act . The penalty order is affirmed by the CIT(A). On appeal the assessee raised the additional grounds on jurisdictional issue . The Tribunal \u00a0admitted the additional ground . After analysing the provisions the the Tribunal held that in the assessment order , the Assessing Officer initiated the penalty under section 270A of the Act , without mentioning any sub -clause of the section 270A of the Act or specifying the any limb of the penalty proposed to be levied . In the penalty notice issued mentioned under reporting of income . Subsequently during penalty proceedings another notice without specifying any limb or sub clause of section270A of the Act . The penalty was levied for misreporting of the income as well as under reporting of the income as per section 270A(8) of the Act , with the aid of section 270A(9)(e ) of the Act . The Tribunal held that there was no whisper at all in the notice issue under 270A read with section 274 of the Act , about misreporting \u00a0of income , where as penalty has been levied for both under reporting of and misreporting of income @ 200 % in terms of section 270A(9\u00a0 of the Act , for which\u00a0 show cause notice was never issued to the Assessee.\u00a0 Accordingly the \u00a0\u00a0penalty is deleted . Referred\u00a0\u00a0 Saltwater Studio LLF v. NFAC (Delhi)( ITA No. 13\/ Mum\/ 2023 dt 22 -5 -2023, Jain Marketing &\u00a0 Associates v .DCIT (2024) 162 taxmann.com 439( Delhi)( Trib) ( AY. 2019 -20)( ITA No. 4134 \/M\/2023 dt 15 -10 2024 )<\/p>\n
\u00a0<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":" S. 270A:Penalty for under -reporting and misreporting of income \u2013 Penalty notice was only regarding underreporting of income- Penalty levied u for misreporting of income and under reporting \u2013 Not specifying the specific charge – Salary received is shown in the return – Penalty of Rs 44, 90,048 levied under section 270A(8) of the Act is deleted . [ S.139(9), 192 , 270A(8),270A(9)(e), 274 , Form No. 26AS ] <\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[21],"tags":[],"class_list":["post-48057","post","type-post","status-publish","format-standard","hentry","category-income-tax-act"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-cv7","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/48057","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=48057"}],"version-history":[{"count":1,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/48057\/revisions"}],"predecessor-version":[{"id":48058,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/48057\/revisions\/48058"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=48057"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=48057"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=48057"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}