Civil Technologies India Private Limited Vs ITO (ITAT Bangalore)
Summary: Civil Technologies India Private Limited appealed against the order dated 27 November 2021 passed by NFAC, Delhi for AY 2019-20, concerning penalty under section 270A. The assessee had filed its return on 20 April 2023 pursuant to notice under section 148, declaring total income of ₹4,060,100, which was accepted by the Assessing Officer in the reassessment order dated 21 March 2024. Penalty of ₹527,830 was subsequently levied for alleged under-reporting. The assessee contended that it had paid the tax and interest and had not appealed against the reassessment order, while its application in Form No. 68 for immunity under section 270AA had been rejected. It relied, among others, on Natarajan Anandh Kumar v. Deputy Commissioner of Income Tax. The ITAT held that the immunity application required fresh consideration and restored the matter to the Assessing Officer, directing him to examine compliance with clauses (a) to (c) of section 270AA(1). The Tribunal further directed that, if immunity was found unavailable, the Assessing Officer could pass a speaking order under section 270A after giving an opportunity of hearing and, where rejection was based on delay in Form No. 68, consider the Madras High Court decision dated 23 January 2024. The appeal was allowed for statistical purposes.
