Penalty

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Surekha (Querist)
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03 September 2018 Hi,

I have received penalty order u/s 271(C) on 20th aug 2018 from AO.
My case is pending in ITAT.
What is the next step I can do now?

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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03 September 2018 Please file appeal before the CIT (Appeals).

Surekha

Surekha (Querist)
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03 September 2018 Thanks. But then if I file appeal to CIT, can AO raise demand for penalty?

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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04 September 2018 Yes, to overcome that you have to seek a 'stay ' from CIT ( Appeals).

Surekha

Surekha (Querist)
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06 September 2018 Thanks for the reply. One more question, what can be the grounds for penalty appeal?
Can you give me some examples?
I am filing appeal for penalty online.
It has columns to fill for "Grounds for appeal"
There are 3 columns in it
1. Relevant section of IT/Act
2. Issue
3. Grounds of Appeal

so, in fist columns what sections I can include?

Actually I want to ask for penalty relief as I am the only earning source in my family and it is causing difficulty to me. All my life earnings will go in penalty if they charge me.
So, what should be ground for this?

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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06 September 2018 1. 246A(1)(j)(B)

2, Brief explanation of the facts of the case.

3. Draft on compassionate grounds as you said.

Surekha

Surekha (Querist)
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06 September 2018 Thanks a lot.
Actually in my case because of wrong guidance of CA appointed by me, false facts were presented to AO by CA and somehow AO was not agreed to given facts for source of deposits in my bank account.
Later as she had time bindings, she immediately passed as Assessment Order against me by making additions of the amount which she was not satisfied.
But later on I thought to tell truth to AO and went to her and told the actual source of cash. But by that time she said that the case is not in her hand now and I have to face the consequences.
So, is there any ground if assess is telling truth and is ready to pay the tax mentioned in assessment order. But assess is requesting to cancel the penalty.

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