Immunity from penalty U/s 270A

Whenever the addition is done by the AO during the course of the assessment proceeding, Assesee can seek immunity from penalty proceeding u/s 270A.

For this, the assessee can make an application to the Assessing Officer to grant immunity from penalty under this provision. The same is provided under section 270AA

The immunity is allowed if the following conditions are satisfied;

(a) Assessee files an application in Form 68 within 1 month from the end of the month in which the order of assessment or reassessment is received;

(b) The tax and interest payable as per the order of scrutiny assessment under Section 143(3) or income escaping assessment under Section 147, as the case may be, has been paid within the period specified in notice of demand; and

(c) No appeal has been filed against such assessment order.

Further, where the assessee has made an application for settlement and settlement proceedings has been abated he can apply for immunity from penalty under section 273AA.

Form 68 for making the application is as under:

RM NO. 68 

Form of application under section 270AA(2) of the Income-tax Act, 1961 

Personal  Information	First Name	Middle  Name	Last Name or Name of Entity		Permanent Account Number or Aadhaar Number
	Flat/Door/Block No.		Name of  Premises/Building/ Village		Road/Street/Post Office
	Area/Locality		Town/City/District		State
	Country	Pin Code	Phone No.  with STD  code/ obile  No.	Email  Address

Details of orders and payments

1

Assessment Year

2

Section under which assessment/reassessment order is passed

3

Date of the assessment/reassessment order

4

Date of service of the assessment/reassessment order

5

Amount of income assessed as per the assessment/reassessment order

6

Tax and interest payable as per notice of demand (in Rs.)

7

Due date for payment as per notice of demand

8

Details of amounts paid

Sl. No.

BSR  Code

Date of Deposit  (DD/MM/YYYY)

Serial Number of Challan

Amount  (Rs.)

(i)

(ii)

(iii)

Form of verification 

I, …………………………………………………………… son/daughter of ………………………………………. do hereby declare that what is stated above is true to the best of my information and belief. I further declare that no appeal has been filed in respect of the order mentioned in column 2 above. I also undertake that no appeal shall be filed in respect of the said order before the expiry of the period specified in section 270AA(4) of the Income-tax Act, 1961. I declare that I am making this application in my capacity as …………………………………….. and I am also competent to file this application and verify it. 

Place Signature  

Date Seal  

(wherever applicable) 

Strike off whichever is not applicable.