TaxTMI 
TaxTMI 
TaxTMI 
Bar of limitation for imposing penalties
X X X X Extracts X X X X
X X X X Extracts X X X X
....of appeal under section 246 or section 246A is received by the jurisdictional Principal Commissioner or Commissioner, if the relevant assessment or other order is the subject matter of an appeal under the said sections and no further appeal has been filed under section 253; (d) the order of appeal under section 253 is received by the jurisdictional Principal Commissioner or Commissioner, if the relevant assessment or other order is the subject matter of an appeal under the said section; (e) notice for imposition of penalty is issued, in any other case. (2) The order imposing or enhancing or reducing or cancelling penalty or dropping the proceedings for the imposition of penalty may be revised on the basis of assessment as revised by gi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ioner or Commissioner.] **************** NOTES:- 1. Substituted vide Section 50 of the Taxation Laws (Amendment) Act, 1970 w.e.f. 01-04-1971 before it was read as, "Bar of limitation for imposing penalties. 275. No order imposing a penalty under this Chapter shall be passed after the expiration of two years from the date of the completion of the proceedings in the course of which the proceedings for the imposition of penalty have been commenced. Explanation.-In computing the period of limitation for the purpose of this section the time taken in giving an opportunity to the assessee to be re-heard under the proviso to section 129 and any period during which a proceeding under this Chapter for the le....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Commissioner (Appeals) or the" 5. Inserted vide Section 70 of the Finance Act, 2000 w.e.f. 01-06-2000 6. Omitted vide Section 65 of the Finance (No. 2) Act, 1998 w.e.f. 01-10-1998 before it was read as, "Deputy Commissioner (Appeals) or the" Earlier, Inserted vide Section 52 of the Direct Tax Laws (Amendment) Act, 1989 w.e.f. 01-04-1989 7. Inserted vide Section 96 of the Finance Act, 2003 w.e.f. 01-06-2003 8. Inserted vide Section 96 of the Finance Act, 2003 w.e.f. 01-06-2003 9. Inserted vide Section 18 of the Taxation Laws (Amendment) Act, 2006 w.e.f. 13-07-2006 10. Inserted vide Section 26 of the Direct Tax Laws (Second Amendm....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Commissioner (Appeals)" 13C. Substituted vide Section 122 of the Finance Act, 2023 w.e.f. 01-04-2023 before it was read as, "the Commissioner (Appeals)" 13D. Substituted vide Section 122 of the Finance Act, 2023 w.e.f. 01-04-2023 before it was read as, "the Commissioner (Appeals)" 13E. Substituted vide Section 122 of the Finance Act, 2023 w.e.f. 01-04-2023 before it was read as, "the Commissioner (Appeals)" 14. Substituted vide Section 122 of the Finance Act, 2023 w.e.f. 01-04-2023 before it was read as, "to the Commissioner (Appeals)" 14A. Substituted vide Section 122 of the Finance Act, 2023 w.e.f. 01-04-2023 before it was read as, "to the Commissioner ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d that in a case where the relevant assessment or other order is the subject-matter of an appeal 14A[to the Joint Commissioner (Appeals) or to the Commissioner (Appeals)] under section 246 or section 246A, and 13A[the Joint Commissioner (Appeals) or the Commissioner (Appeals)] passes the order on or after the 1st day of June, 2003 disposing of such appeal, an order imposing penalty shall be passed before the expiry of the financial year in which the proceedings, in the course of which action for imposition of penalty has been initiated, are completed, or within one year from the end of the financial year in which the order of 13B[the Joint Commissioner (Appeals) or the Commissioner (Appeals)] is received by the 15[****] 12C[Principal Commis....
X X X X Extracts X X X X
X X X X Extracts X X X X
....r dropping the proceedings for the imposition of penalty may be passed on the basis of assessment as revised by giving effect to such order of 13D[the Joint Commissioner (Appeals) or the Commissioner (Appeals)] or, the Appellate Tribunal or the High Court, or the Supreme Court or order of revision under section 263 or section 264: Provided that no order of imposing or enhancing or reducing or cancelling penalty or dropping the proceedings for the imposition of penalty shall be passed- (a) unless the assessee has been heard, or has been given a reasonable opportunity of being heard; (b) after the expiry of six months from the end of the month in which the order of 13E[the Joint Commissioner (Appeals) or the Commissioner (Appeals)] or t....