August 2025

[Section 273A]: Power to Reduce or Waive Penalty, Etc., In Certain Cases

Here’s a detailed analysis of Section 273A of the Income Tax Act, 1961, which empowers tax authorities to reduce or waive penalties in specific cases to promote voluntary compliance and reduce litigation: 1. Overview of Section 273A Section 273A grants discretionary powers to the Principal Commissioner/Commissioner of Income Tax to: Waive or reduce penaltiesfor under-reporting/misreporting (Section 270A) or concealment […]

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[Section 273AA] : Power of Principal Commissioner / Commissioner to Grant Immunity from Penalty

Section 273AA of the Income Tax Act, 1961, empowers the Principal Commissioner or Commissioner to grant immunity from penalties in specific cases, particularly where settlement proceedings before the Income Tax Settlement Commission (ITSC) have abated. Below is a detailed breakdown of its provisions, conditions, and procedural aspects: 1. Eligibility for Immunity [Section 273AA(1)] A taxpayer can apply

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Penalty Not to Be Imposed in Certain Cases [Section 273B]

Here’s a detailed analysis of Section 273B of the Income Tax Act, 1961, which provides immunity from penalties in cases where the taxpayer demonstrates “reasonable cause” for non-compliance: 1. Overview of Section 273B Section 273B states that no penalty shall be imposed for failures under specified provisions (e.g., Sections 271A, 271B, 271C, 271D, 271E, 271F, 271H, etc.) if the

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Procedure for Imposing Penalty [Section 274]

Here’s a detailed explanation of the Procedure for Imposing Penalty under Section 274 of the Income Tax Act, 1961, synthesized from the search results: 1. Mandatory Hearing Requirement [Section 274(1)] Natural Justice Principle: No penalty order can be passed unless the assessee is given a reasonable opportunity to be heard(e.g., via show-cause notice). Judicial Precedents: Penalty notices must specify

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[Section 275]: Bar of Limitation for Imposing Penalties

Here’s a detailed analysis of Section 275 of the Income Tax Act, 1961, which governs the time limits for imposing penalties, incorporating recent amendments proposed in the Finance Bill, 2025: 1. Overview of Section 275 Section 275 imposes a statutory time limit for passing penalty orders under Chapter XXI of the Income Tax Act, ensuring timely resolution and preventing indefinite

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[Section 278AB]: Power of Principal Commissioner or Commissioner to Grant Immunity from Prosecution

Here’s a detailed analysis of Section 278AB of the Income Tax Act, 1961, which empowers the Principal Commissioner or Commissioner to grant immunity from prosecution in specific cases: 1. Overview of Section 278AB Section 278AB provides a discretionary power to the Principal Commissioner/Commissioner to grant immunity from prosecution when: A taxpayer’s settlement application under Section 245Cabates (terminates) under Section 245HA due to

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Remedy Available Against the Order of The Commissioner (Appeals)/Revision Orders Of CIT

Under the Income Tax Act, 1961, taxpayers have several remedies against orders passed by the Commissioner of Income Tax (Appeals) [CIT(A)] or revision orders by the Commissioner of Income Tax (CIT) under Sections 263/264. Here’s a structured overview: 1. Appeal to the Income Tax Appellate Tribunal (ITAT) [Section 253] Applicability: An appeal lies before the ITAT against: Orders of CIT(A)

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Remedy Against Orders of Appellate Tribunal

Under the Income Tax Act, 1961, if a taxpayer or the Income Tax Department is dissatisfied with an order passed by the Income Tax Appellate Tribunal (ITAT), the following remedies are available: 1. Appeal to the High Court [Section 260A] Applicability: Can be filed if a “substantial question of law”arises from the ITAT’s order. No appeal on purely

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Appeal Against Order of High Court to Supreme Court

Under the Income Tax Act, 1961, and the Constitution of India, an appeal can be filed before the Supreme Court against an order of the High Court in income tax matters. The key provisions governing this are: 1. Appeal Under Section 261 of the Income Tax Act, 1961 Applicability: An appeal lies to the Supreme Courtif the High Court certifies that the case involves

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[Section 246A]: Appealable Orders Before Commissioner (Appeals)

Under Section 246A of the Income Tax Act, 1961, taxpayers can file an appeal before the Commissioner of Income Tax (Appeals) [CIT(A)] against certain orders passed by income tax authorities. 1. Orders Appealable Under Section 246A An appeal lies to the CIT(A) against the following orders: Orders Passed by Assessing Officer (AO) [Section 246A(1)] Assessment Orders(Section 143(3), 144, 147, 153A, etc.) Regular

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