2015 (12) TMI 1363

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.... we takeup the assessee's appeal for A.Y. 2008-09 ITA No.1076/M/2013 for A.Y. 2008-09 2. The assessee in this appeal has taken an additional ground that the penalty order is barred by limitation. At the outset, the Ld. AR of the assessee has submitted that the penalty order dated 08.06.2011 of the Assessing Officer (hereinafter referred to as the AO) is barred by limitation as provided under section 275(1) (c) of the Income Tax Act. The relevant part of the section 275(1), for the sake of convenience is reproduced as under: "Bar of limitation for imposing penalties. 275 (1) No order imposing a penalty under this Chapter shall be passed- (a) in a case where the relevant assessment or other order is the subjectmatter of an appeal to....

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....ted ends on 31.03.2011. The period of six months from the end of the month in which the action for initiation of penalty proceedings expires on 30.05. 2011. The Hon'ble Rajasthan High Court in the case of 'CIT vs. Jitendra Singh rathore [2013] 352 ITR 327 has held that the six month period for the purpose of clause (c) of section 275(1) of the Act is to be computed from the date of issue of first show cause notice by the AO and not from the date of issue of first show cause notice issued by the Joint Commissioner. In the light of the above decision, the order dated 08.06.2011 is hit by the bar of limitation as prescribed in clause(c) of section 275(1) of the Act and the same is accordingly set aside. This appeal of the assessee is, therefor....