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ITAT Mumbai: Section 270A Penalty Quashed – Vague Notice Without Specific Charge Invalid

Case Law Details

Case Name
Monisha Ravi Jaising Vs ACIT (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2022-23
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Monisha Ravi Jaising Vs ACIT (ITAT Mumbai) ITAT Mumbai: Section 270A Penalty Quashed – Vague Notice Without Specific Charge Invalid In this case, the ITAT Mumbai deleted a hefty penalty of ₹3.22 crore levied u/s 270A on alleged under-reporting/misreporting of LTCG arising from sale of property. The Tribunal did not go into merits of capital gains taxability and instead decided the case on a fundamental legal defect—the penalty notice and order failed to specify the exact limb of “misreporting” under Section 270A(9). It was observed that: Section 270A(9) provides specific categories ...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,510

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