

An employee narrowly escaped paying a staggering Rs. 6.63 crore penalty after the Income Tax Department treated a filing error in his Income Tax Return as tax concealment. The employee had correctly disclosed his salary and ESOP-related income but mistakenly reported the ESOP amount under the capital gains category instead of salary income. Based on this classification error, the department imposed a penalty under Section 271(1)(c).
The employee challenged the order before the Mumbai Income Tax Appellate Tribunal (ITAT), which ruled in his favour. The tribunal observed that all income had been fully disclosed in the return and Form 16, and there was no attempt to hide earnings or evade taxes. Calling it a genuine technical mistake rather than deliberate tax fraud, the ITAT cancelled the entire Rs. 6.63 crore penalty. The ruling highlights the importance of correctly classifying income while filing ITRs and offers relief in cases involving honest filing errors.
















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