Penalty u/s 270A and 271AAB - Defective notice u/s 274 - under ...

Income Tax

March 22, 2024

Penalty u/s 270A and 271AAB - Defective notice u/s 274 - under reporting of income - search and seizure operation - The Tribunal found that the penalty notices under sections 270A and 271AAB were not in compliance with the legal requirements, as they failed to specify the exact limb under which the penalties were being levied (misreporting or underreporting of income). This lack of specificity was deemed to render the notices vague and legally insufficient to form the basis for penalty proceedings. - The Tribunal underscored that penalty proceedings are independent of assessment proceedings and must stand on their own merits. - The ITAT allowed the appeals filed by the firm, deleting the penalties

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Penalty u/s 270A and 271AAB - Defective notice u/s 274 - under ...

Income Tax

March 22, 2024

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