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Income Tax

No penalty for higher gratuity exemption claim due to misunderstanding of law

Case Law Details

TaxGuru Citation
2024 taxguru.in 4976
Case Name
Ravindra Madhukar Kharche Vs ACIT (ITAT Nagpur)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
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Ravindra Madhukar Kharche Vs ACIT (ITAT Nagpur)

In the case of Ravindra Madhukar Kharche vs. ACIT (ITAT Nagpur), the appeal challenges a penalty imposed by the National Faceless Appeal Centre (NFAC) for misreporting income under section 270A of the Income-tax Act, 1961. The appellant, a retired employee of Maharashtra State Electricity Generation Company Ltd. (MSEGCL), had filed an original return of income declaring a total income of ₹44,68,490, claiming a tax refund due to an upward revision of the gratuity exemption from ₹10 Lakhs to ₹20 Lakhs. The Assessing Officer (AO) disallowed the higher claim of gratuity exemption, restricting it to ₹10 Lakhs and also added an amount of ₹21,550 related to interest income discrepancies, which were acknowledged by the appellant without contest.

Following these disallowances, the AO initiated penalty proceedings, resulting in a penalty of ₹6,02,858 imposed at an accelerated rate of 200%. The appellant contended that the penalty was unjustified, arguing that the claim for the enhanced gratuity exemption was based on a genuine misunderstanding of the law. The ITAT, upon review, noted that the appellant had worked part of his career as a government employee and the remainder as a PSU employee, with a bona fide belief in his entitlement to the higher exemption limit due to a CBDT notification issued in 2019. The Tribunal emphasized that the difference in reported interest income was due to a delay in reporting by the bank, thus not constituting under-reporting of income.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,910

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