Pravesh Aggarwal Vs CIT (Appeals) (ITAT Delhi)
Summary: The appeal before the Delhi Bench of the Income Tax Appellate Tribunal concerned levy of penalty of Rs. 3,74,072/- under section 270A of the Income Tax Act, 1961 for Assessment Year 2019-20. The assessee, an individual, had received salary income of more than Rs.30 lakh but had not filed a return under section 139(1). The assessment was subsequently reopened under section 147 after an order under section 148A(d) dated 19.04.2023 and notice under section 148. The assessee filed a return in response to the notice declaring total income of Rs.30,22,900/-, which was accepted by the Assessing Officer without variation. Nevertheless, penalty proceedings under section 270A were initiated on the ground that the assessee had under-reported income by failing to file the original return.
During the penalty proceedings, the assessee explained that he had changed employment during Financial Year 2018-19 and had been unable to obtain the relevant documents, particularly Form 16 from both employers, before the due date. He also stated that he was under a bona fide belief that the tax deducted at source by the employers, as reflected in Form 26AS, had discharged his tax obligations. Before the Tribunal, the assessee further contended that the return filed pursuant to section 148 had been accepted without adjustment or adverse finding and that there was no concealment, suppression or malafide intent.
