Issue/Justification
(a) Where penalty is levied on certain additions on ground of mis-reporting and certain additions on ground of only under-reporting than assessee will have to make a choice whether to file appeal or make application for immunity as he cannot file appeal on penalty levied on mis-reported income and immunity application for under-reported income.
(b) Also, There is no guarantee that appeal against quantum order with application for condonation of delay after rejection of application for immunity, will be admitted.
Suggestion
(a) Suitable provision be inserted to solve this anomaly.
(b) Suitable provision may be inserted.
