Times of India·3 min read·hard

Minor had Rs 1.17cr interest income, father faced Rs 12.83L penalty; what ITAT did

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Minor had Rs 1.17cr interest income, father faced Rs 12.83L penalty; what ITAT did
AI Summary

The Income Tax Appellate Tribunal (ITAT) in Delhi ruled that a father cannot be penalized for his minor child's interest income if the total income declared remains consistent. The case centered on a dispute regarding tax benefits under the India-UAE Double Taxation Avoidance Agreement.

Why it matters

This ruling provides clarity on the application of tax penalties and the 'clubbing' of income provisions for parents of minors in India.

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Can a minor child’s interest income lead to an income tax notice for the father? The Income Tax Appellate Tribunal (ITAT) Delhi has held that a father cannot be subjected to a Rs 12.83 lakh penalty under Section 270A when the income declared in his ITR is the same as the income ultimately assessed, and the only dispute concerns his eligibility for a tax benefit under the India-United Arab Emirates (UAE) DTAA.The ruling arose from the tax dispute involving a man in New Delhi. He filed his income tax return on November 4, 2022, reporting total income of Rs 8.43 crore.The case was subsequently reopened by the Income Tax Assessing Officer (AO) at Jhandewalan on March 22, 2025. The officer changed the tax rate applicable to Rs 1.17 crore of interest income earned by the individual’s minor child and clubbed that income with Lalwani's own income.

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