Section 270a

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dsd1986@gmail.com

dsd1986@gmail.com (Querist)
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29 September 2020 Dear Experts, I have a small query regarding section 270a, if someone has not filed his return does in that case will it be considered as Under reporting only or can it also be considered as Misreporting?

Thanks in advance

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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29 September 2020 If return is not furnished, and Income is assessed at an amount which is more than the maximum amount not chargeable to tax, it comes under UNDER REPORTING for the purpose of 270A.

dsd1986@gmail.com

dsd1986@gmail.com (Querist)
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29 September 2020 Thank you sir for your reply, in that case penalty will be 50% or A.O. can also levy penalty of 200%

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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23 July 2025 Great follow-up question! Here's a clear breakdown of Section 270A of the Income Tax Act, 1961:

🔍 Case: Return Not Filed at All
If an assessee fails to file the return and the assessed income exceeds the basic exemption limit, then:

✅ It is treated as:
"Under-reporting of income" under Section 270A(1) r/w 270A(2)(a)

💸 Penalty Consequence (as per 270A(7)):
Type Penalty Rate When it applies
Under-reporting 50% of tax on under-reported income Default situation
Misreporting 200% of tax on under-reported income Only when misreporting is proved (like bogus entries, false expense claims, etc.)

🚫 Is Non-filing = Misreporting?
Not automatically.
Non-filing is generally treated as under-reporting, not misreporting, unless:

There is intentional concealment, or

Evidence of false entry, bogus claim, suppression, etc.

In such cases, the AO may invoke Section 270A(9) (misreporting), but burden of proof lies with the AO.

🧾 Example:
Mr. A doesn’t file return.

His income is later assessed at ₹7,50,000 (exceeds ₹2.5L exemption limit).

Tax on ₹7.5L = say ₹52,500.

Penalty @ 50% = ₹26,250 (under-reporting).

Only if AO proves misreporting, penalty = ₹1,05,000 (200%).

✅ Summary:
Condition Penalty u/s 270A
Return not filed, no fraud 50% of tax (under-reporting)
Return not filed + proven misreporting 200% of tax

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