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Penalty u/s 270A on PF/ESI Disallowance Deleted – Mere Disallowance Not Misreporting: ITAT Chennai
Case Law Details
- Case Name
- Myunghwa Automotive India Private Limited Vs ITO (ITAT Chennai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2017-18
- Courts
- All ITAT, ITAT Chennai
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Myunghwa Automotive India Private Limited Vs ITO (ITAT Chennai)
Penalty u/s 270A for PF/ESI disallowance deleted – Mere disallowance ≠ misreporting; Checkmate ruling not basis for penalty – ITAT Chennai
In Myunghwa Automotive India Pvt. Ltd. vs ITO (A.Y. 2017-18), penalty of ₹5.28 lakh u/s 270A was levied at 200% alleging “misreporting of income” due to disallowance of delayed employees’ PF/ESI contributions u/s 36(1)(va). The CIT(A) upheld the penalty relying on the Supreme Court ruling in Checkmate Services.
The ITAT held that penalty for misreporting u/s 270A(...
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