AI Drafter 
TaxTMI 
TaxTMI 
2024 (9) TMI 1564
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....ted 12/09/2019, wherein the Ld. CIT(A) deleted the penalty imposed u/s 271 D read with Section 269SS and orders of penalty passed u/s 271E read with Section 269T of the Income Tax Act 1961 ('Act' for short). 2. The Department of Revenue has urged identical grounds of Appeal, which reads as under:- "1. That the order of the Ld. CIT(A) is not correct in law and on facts. 2. On the facts and circumstances of the case, the Ld. CIT(A) has erred in deleting the penalty levied on protective basis u/s 271D of the I. T. Act, 1961." 3. Brief facts of the case are that, during the course of the assessment proceedings for Assessment Years 2008-09, 2010-11, 2011-12 and 2012-13, the A.O. noticed that the assessee has received cert....
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....mposition of penalty on merits. Therefore, sought for permission of orally argue on the said ground before us. We find merit in the contention of the Assessee's Representative. Though the assessee has raised the ground of limitation for initiation of penalty before the CIT(A), the same has not been adjudicated by the Ld. CIT(A). The Ld. Assessee's Representative further submitted that the order of penalty passed u/s 271D and 271E of the Act are barred by limitation in view of provisions of Section 275(1)(c) of the Act, by taking us through the records, made oral elaborate submission and also filed the Written submission and sought for dismissal of the Appeal filed by the Revenue. 5. The Ld. Departmental Representative submitted t....
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....s concerned, certain dates and events are necessary to be examined and the same is produced for the sake of convenience in following manners:- S. No. A.Y Section Date of Penalty Order Condition-1 Expiry of the Financial Year in which the proceedings, in the course of which action for the imposition of penalty has been initiated, are completed Condition II- six months from the end of the month in which action for imposition of penalty is initiated Limitation to levy penalty u/s 271D and 271E Date on which Limitation Assessment under proceedings condition 1 completed Date of initiation of Limitation penalty i.e. date of under recommendation Condition II to initiate Penalty (Para and Page No. of penalty order 1 ....
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....he course of which action for the imposition of penalty has been initiated, are completed, or six months from the end of the month in which the order of the [***] Commissioner (Appeals) or, as the case may be, the Appellate Tribunal is received by the Chief Commissioner or Commissioner, whichever period expires later : Provided that in a case where the relevant assessment or other order is the subject matter of an appeal to the Commissioner (Appeals) under section 246 or section 246A, and 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 f....
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....view of the above, it is a settled position that the period of limitation of penalty proceedings under sections 271D and 271E of the Act is governed by the provisions of section 275(l)(c) of the Act. Therefore, the limitation period for the imposition of penalty under these provisions would be the expiry of the financial year in which the proceedings, in the course of which action for the imposition of penalty has been initiated, are completed, or six months from the end of the month in which action for imposition of penalty is initiated, whichever period expires later. The limitation period is not dependent on the pendency of appeal against the assessment or other order referred to in section 275(1 )(a) of the Act." 12. The Hon'ble High....