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ULIP Gains Reclassified: Taxpayer Wins Appeal
22 Dec
Summary
- A taxpayer's Rs 2.48 crore penalty was canceled by ITAT Hyderabad.
- The penalty was due to reporting ULIP income under the wrong tax head.
- ITAT ruled a reporting error does not constitute misreporting under law.
ITAT Hyderabad recently ruled in favor of a non-resident individual, canceling a substantial Rs 2.48 crore penalty. The penalty was levied because the taxpayer had mistakenly reported Rs 3.22 crore in income from surrendered ULIPs under the 'capital gains' head, rather than the correct 'income from other sources' head.
The tribunal emphasized that fully disclosing income and merely making an error in classification does not equate to misreporting under Section 270A of the Income Tax Act. This decision stems from a case where an individual invested Rs 75 lakh in ULIPs, surrendered them for Rs 3.22 crore, and faced penalties for the reporting oversight.
This judgment, delivered on November 19, 2025, provides significant relief, confirming that a bona fide mistake in categorizing income does not justify penalties if all facts were truthfully disclosed. The ruling follows judicial precedents that distinguish between genuine reporting errors and deliberate concealment.
