Penalty under section 270A of IT Act

An individual has not filed his return u/s 139 of IT Act. Notice was issued to him u/s 148 of IT Act for reopening of his case for assessment and individual has filed his return of Income in response to notice 148 declaring total income of Rs 1340/-. Cash deposit of Rs 20 Lakhs was observed by the department and assessment was completed u/s 147 of IT Act by accepting the return income filed by the individual. The cash deposit was pertaining to agricultural products and the same was deposited in Bank account.
But penalty under section 270A is initiated for under reporting of income.
Whether penalty 270A is leviable as the agriculture income is exempt
Replies (6)
Quick Summary
This discussion explores whether a penalty under Section 270A of the IT Act is applicable when an individual declares agricultural income, even if it's exempt. The individual filed a return after a notice for reopening and declared agricultural income, which was accepted by the AO during assessment. However, a penalty was initiated for under-reporting. The consensus is that agricultural income must be declared, and if the AO didn't consider its exemption properly, an appeal may be possible.

Whether you had declared the agricultural income while filing ITR?

In response to notice 148 filed the return and declared the agriculture income in ITR

Whether the proofs of the income were submitted to ITO under scrutiny?

Whether the proofs were satisfactory to the justification of the income of Rs. 20 lakhs?

Post all notices
Yes , proof of Income was submitted during assessment proceedings and the same was accepted by the AO and assessment completed by accepting return of income filed by the individual

Agricultural income is exempt, but it has to be declared in ITR for assessment. 

If it was not considered for exemption by ITO, you can file appeal. Contact any CA in your area, who can help you in this regard.

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