2024 (1) TMI 1138
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....nt of immunity from imposing penalty. 2. The petitioner carries on business under the name and style of M/s.ITEK Informatic. The petitioner is an authorised dealer of Tally software. For the financial order 2017-2018, corresponding to Assessment Year 2018-19, the petitioner's taxable income was Rs. 18,18,870/-. The entire income of the petitioner was subject to deduction of tax at source. On account of ill health between August and October, 2018, it is stated that the petitioner was unable to file his return of income. After proceedings were initiated by the respondents by issuing a show cause notice under Section 148 A (b) of the Income Tax Act, 1961, (the Income-tax Act), the petitioner filed his return of income for the Assessment Y....
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.... circumstances. 4. By referring to the return filed by the petitioner, learned counsel for the petitioner pointed out that the petitioner disclosed a gross total income of Rs. 19,81,237/-. By drawing a comparison between the return of income of the petitioner and the order dated 09.03.2023, learned counsel pointed out that the return of income disclosed by the petitioner was accepted in the said order. As regards the tax liability, learned counsel pointed out that an aggregate sum of Rs. 3,78,904/- was paid as TDS and self-assessment tax, whereas the order dated 09.03.2023 took into consideration only a sum of Rs. 3,78,864/-. If the entire sum of Rs. 3,78,904/- had been taken into consideration, learned counsel contended that only a sum of....
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....ior standing counsel for the respondents, submits that sub section 2 of Section 270 AA prescribes that an application for immunity from imposition of penalty shall be filed within one month from the end of the month in which the order was issued. Since the order was issued on 09.03.2023, it is submitted that the application should have been filed on or before 30.04.2023. Since the application was filed on 31.05.2023, it is submitted that the application was barred under sub section 2 of Section 270 AA. Learned counsel also pointed out that the statute does not provide for condonation of delay. With regard to the imposition of penalty, learned counsel referred to sub section 3 of Section 270 A and, in particular, clause (b) thereof and point....
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....r. If the total tax paid by the petitioner had been reckoned, the liability as per the order would have been only Rs. 2/-. 8. The follow-on question is whether the facts and circumstances justify exemption from imposition of penalty and whether the application in such regard was filed in time. It is evident from sub section 2 of Section 270 AA that the application is required to be filed within one month from the end of the month in which the order referred to in clause (a) of sub section 1 was issued. Since such order was issued on 09.03.2023, the one month period would run from 31.03.2023. If so computed, the application should have been filed on or before 30.04.2023. Instead, the application was filed on 31.05.2023. The delay is about o....