Income-tax Officers do not initiate penalty proceedings under section 271(1)(a) of the Income-tax Act, 1961 in a number of cases, by exercising their discretion
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Recording reasons for non-initiation of penalty preserves reasonable exercise of discretion and shields officers from audit scrutiny. Income-tax Officers exercising discretion to refrain from initiating penalty proceedings under section 271(1)(a) should record contemporaneous reasons for ... Summary
Recording reasons for non-initiation of penalty preserves reasonable exercise of discretion and shields officers from audit scrutiny.
Income-tax Officers exercising discretion to refrain from initiating penalty proceedings under section 271(1)(a) should record contemporaneous reasons for such non-initiation. Except where the Board issues a general order to the contrary, officers must document the factual and legal basis for declining to initiate penalty; properly recorded and reasonably exercised discretion will not be questioned in audit.
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