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INCOME TAX PENALTIES

shubs (IPCC) (46 Points)

25 May 2017

difference between Sec 270AA vs 273A because both have same power.
Please Help.

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rama krishnan (12234 Points)
Replied 25 May 2017

270AA FULL IMMUNITY, SUBJECT TO PAYMENT OF TAX WITHIN 30 DAYS OF RECEIPT OF DEMAND NOTICE AND NO APPEALS SHOULD BE FILED BY THE ASSESSEE AGAINST THE ORDER AND THE COMPETENT AUTHORITY TO GRANT IMMUNITY. 273A IS NOT FULL IMMUNITY SUBJECT TO THE SATISFACTION OF CIT OT PR.CIT AND IF THE DISALLOWED OR ADDED INCOME EXCEEDS 500000 OR THE PENALTY AMOUNT EXCEEDS 100000 , CIT HAS TO OBTAIN PRIOR APPROVAL FROM CCIT TO GIVE RELIEF UNDER SECTION 273A

shubs (IPCC) (46 Points)
Replied 26 May 2017

Sir, In both section is it compulsory for AO to grant relief if all conditions are fulfilled?

rama krishnan (12234 Points)
Replied 27 May 2017

ao is nothing to do with 273A. the competent authority to waive penalty under section 273A is CIT and ao. under section 270AA the competent authority is ao and the penalty proceedings will be dropped. the important differences between 270AA and 273A is that if once penalty is levied, 270AA has no role to play. but 273A application can be made before or after levying penalty

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