Personal liberty safeguards restrict arrest after court-directed GST appearance, requiring interim release where authorities overreach pending proceed...
Alternative statutory remedy and delay bar GST writ challenges despite pending rectification, while distinct subject matter permits parallel proceedin...
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Assessing Officer jurisdiction after statutory transfer invalidates reassessment notices issued by transferor officers and nullifies resulting proceed...
Consequential appeal-effect orders must implement rectification deleting working-capital adjustments and reconsider the resulting arm's-length range c...
The key points are regarding the penalty imposed u/s 271D read with Section 269SS, and the issue of whether the penalty orders were time-barred. The Assessing Officer made a recommendation for initiating penalty on 08/12/2017. According to Section 275(1)(c), the first condition is that the financial year in which the penalty proceedings were initiated should have expired on 31/03/2018. The second condition is that six months from the end of the month in which the action for penalty imposition was initiated should have expired on 30/06/2018. However, the Additional Commissioner of Income Tax (Appeals) initiated the penalty on 07/07/2018, despite the recommendation being made on 08/12/2017. Therefore, the penalty orders are barred by the limitation period prescribed u/s 275(1)(c) of the Income Tax Act. Consequently, the orders imposing penalty were deleted, and the decision was against the revenue authorities.
The key points are regarding the penalty imposed u/s 271D read with Section 269SS, and the issue of whether the penalty orders were time-barred. The Assessing Officer made a recommendation for initiating penalty on 08/12/2017. According to Section 275(1)(c), the first condition is that the financial year in which the penalty proceedings were initiated should have expired on 31/03/2018. The second condition is that six months from the end of the month in which the action for penalty imposition was initiated should have expired on 30/06/2018. However, the Additional Commissioner of Income Tax (Appeals) initiated the penalty on 07/07/2018, despite the recommendation being made on 08/12/2017. Therefore, the penalty orders are barred by the limitation period prescribed u/s 275(1)(c) of the Income Tax Act. Consequently, the orders imposing penalty were deleted, and the decision was against the revenue authorities.
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TaxTMI 
TaxTMI 
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