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November 2026

Shyamsunder Pritesh Malode v. ACIT: Penalty notice specifying underreporting in consequence of misreporting is valid despite omitting specific statutory clause

By Jagdish T Punjabi, Chartered Accountant Devendra Jain & Aditya Bhatt, Advocates
Reading Time 4 mins

57. ITA No. 399/Hyd./2026

Shyamsunder Pritesh Malode v. ACIT

A.Y.: 2020-21 Date of Order: 16.10.2026

Section: 270A

Since the assessment order and the notice under section 274 stated that the penalty was initiated for misreporting of income, the notice cannot be treated as vague merely because it did not cite a particular clause of section 270A(9) of the Act.

FACTS

On the basis of information available on record, the Assessing Officer (AO) issued a notice to the assessee under section 148A of the Act on the ground that the assessee had, during the year relevant to the assessment year under consideration, received salary income of ₹43,61,595, but had not filed his return of income. In response to the notice under section 148 of the Act, the assessee filed his return of income declaring total income of ₹35,40,270. The AO assessed the total income to be ₹35,40,270, and after having issued a notice under section 270A of the Act, passed an order levying a penalty of ₹18,19,128, under section 270A of the Act, for underreporting in consequence of misreporting thereof.

Aggrieved, the assesse

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