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Section 270A - Penalty for under-reporting and misreporting of income. - Income-tax Act, 1961Extract ..... the first time under section 148]; (c) the income reassessed is greater than the income assessed or reassessed immediately before such reassessment; (d) the amount of deemed total income assessed or reassessed as per the provisions of section 115JB or section 115JC, as the case may be, is greater than the deemed total income determined in the return processed under clause (a) of sub-section (1) of section 143; (e) the amount of deemed total income assessed as per the provisions of section 115JB or section 115JC is greater than the maximum amount not chargeable to tax, where 3[no return of income has been furnished or where return has been furnished for the first time under section 148]; (f) the amount of deemed total income reassessed as pe ..... x x x x x Extracts x x x x x Section 270A - Penalty for under-reporting and misreporting of income. - Income-tax Act, 1961 x x x x x Extracts x x x x x ..... tion 115JB or section 115JC (herein called general provisions); B = the total income that would have been chargeable had the total income assessed as per the general provisions been reduced by the amount of under-reported income; C = the total income assessed as per the provisions contained in section 115JB or section 115JC; D = the total income that would have been chargeable had the total income assessed as per the provisions contained in section 115JB or section 115JC been reduced by the amount of under-reported income: Provided further that where the amount of under-reported income on any issue is considered both under the provisions contained in section 115JB or section 115JC and under general provisions, such amount shall not be reduc ..... x x x x x Extracts x x x x x Section 270A - Penalty for under-reporting and misreporting of income. - Income-tax Act, 1961 x x x x x Extracts x x x x x ..... st preceding year is not sufficient to cover the receipt, deposit or investment, the year immediately preceding the first preceding year and so on. (6) The under-reported income, for the purposes of this section, shall not include the following, namely:- (a) the amount of income in respect of which the assessee offers an explanation and the Assessing Officer or the Commissioner (Appeals) or the Commissioner or the Principal Commissioner, as the case may be, is satisfied that the explanation is bona fide and the assessee has disclosed all the material facts to substantiate the explanation offered; (b) the amount of under-reported income determined on the basis of an estimate, if the accounts are correct and complete to the satisfaction of th ..... x x x x x Extracts x x x x x Section 270A - Penalty for under-reporting and misreporting of income. - Income-tax Act, 1961 x x x x x Extracts x x x x x ..... be the following, namely:- (a) misrepresentation or suppression of facts; (b) failure to record investments in the books of account; (c) claim of expenditure not substantiated by any evidence; (d) recording of any false entry in the books of account; (e) failure to record any receipt in books of account having a bearing on total income; and (f) failure to report any international transaction or any transaction deemed to be an international transaction or any specified domestic transaction, to which the provisions of Chapter X apply. (10) The tax payable in respect of the under-reported income shall be- (a) where 2[no return of income has been furnished or where return has been furnished for the first time under section 148] and the income ..... x x x x x Extracts x x x x x Section 270A - Penalty for under-reporting and misreporting of income. - Income-tax Act, 1961 x x x x x Extracts x x x x x
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