Case Law Details
Case Name : Monisha Ravi Jaising Vs ACIT (ITAT Mumbai)
Related Assessment Year : 2022-23
Courts :
All ITAT ITAT Mumbai
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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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