TaxTMI 
TaxTMI 
2024 (1) TMI 1538
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....9, the Assessing Officer, the Jurisdictional Assistant Commissioner has stated as follows: " Penal proceedings under Section 269SS of Income Tax Act, 1961 are initiated separately. Penal proceedings under Section 271AAC(1) of Income Tax Act, 1961 initiated separately." 4. The specific case of the petitioner is that the initiation of proceedings under Section 271D of the Income Tax Act by the first respondent on 26.11.2021 was clearly barred by law, in view of the limitation under Section 275(1)(c) of the Income Tax, 1961. He further submits that in view of the outbreak of Covid-19 Pandemic, there were relaxations of time lines in terms of the provisions of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, by virtue of which, the limitation was extended till 31.03.2021. This period was further extended by the Board by its Notification dated 17.09.2021 till 31.03.2022. It is therefore submitted that the impugned order dated 27.05.2022 was barred under law. 5. Learned counsel for the petitioner further submits that the period for reckoning the period of limitation for the purpose of completing the proceedings initiated unde....
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.... in ITA Nos. 83 & 86 of 2014, has clearly laid principles of law 11. The learned counsel for the respondents submitted that the impugned order is a well reasoned order and it does not require any interference of this Court. Further, he submitted that the petitioner has an alternate remedy by way of an appeal. Hence at this stage, the Writ Petition is liable to be dismissed. 12. He further submitted that there is no violation of principles of natural justice as the petitioner was given show cause notice dated 26.11.2021. The petitioner has also filed a reply. That apart, it is submitted that as per Circular No. 09/DV/2016 dated 26.04.2016, the competent authority to issue notice under Section 271(1)(D) of Income Tax is only the Joint Commissioner. The limitation for completing the assessment would be start from the date of issuance of the Notice and not from the date of Assessment Order. 13. The learned counsel has placed reliance on the decisions of the Apex Court as detailed below :- i. Commissioner of Income Tax Vs. Chhabil Dass Agarwal, 2013 (36) taxmann.com 36(SC) ii. Assistant Collector of Central Vs. Dunlop India Limited and others, 1985 (1) SCC 260....
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....thority, Commission or Tribunal under any of the specified enactments where any time limit prescribed or notified under any of the "Specified Enactments" fell during the period between 20th day of March, 2020 and 31st day of December, 2020 or such other date after 31st day of December 2020. 20. Section 3(1)(a) of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, reads as under :- 3. (1) Where, any time-limit has been specified in, or prescribed or notified under, the specified Act which falls during the period from the 20th day of March, 2020 to the 31st day of December, 2020, or such other date after the 31st day of December, 2020, as the Central Government may, by notification, specify in this behalf, for the completion or compliance of such action as- (a) completion of any proceeding or passing of any order or issuance of any notice, intimation, notification, sanction or approval, or such other action, by whatever name called, by any authority, commission or tribunal, by whatever name called, under the provisions of the specified Act; or 21. In this connection, several notification were issued thereby extending the pe....
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....end date to which the time-limit for completion of such action shall stand extended; 23. There is no time limit prescribed under the Income Tax Act, 1961, for issuance of notice under the provisions of the Act for imposing penalty under section 274 r/w Section 271D of the Income Tax Act, 1961. Limitation for passing orders is prescribed only under Section 275(1) of the Income Tax Act, 1961. 24. Section 275(1)(c) of the Income Tax Act, 1961, will apply i.e., "any other case" i.e. where neither an appeal nor a revision is pending against the relevant Assessment Order or other orders. Under Section 275(1)(c) of the Income Tax Act, 1961 no order imposing a penalty under Chapter XXI of the Income Tax Act, 1961, can be passed either after :- (i) 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 (ii) six months from the end of the month in which action for imposition of penalty was initiated, whichever period expires later. 25. Section 275(1)(c) of the Income Tax, 1961 however prescribes the time limit for passing order within prescribed period. Order is to b....
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.... Order under section 275 (1)(C) of the Income Tax Act, 1961 is to be gathered from Notification S.O. No. 3814(E) dated 17.9.2021 read with Section 3(1)(a) of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020. As far as passing of any order to impose penalty under Chapter XXI of Income Tax Act, 1961 is concerned, following time line are prescribed in Clause A(i) & (ii) of Notification S.O. No. 3814(E) dated 17.9.2021 as under :- (i) the 30th day of March, 2022 shall be the End date (ii) the 31st day of March, 2022 shall be the end date of the period during which the time limit specified in or prescribed or notified under, the Income-tax Act falls for the completion of such action ; and to which the time-limit for completion of such action shall stand extended ; 31. Thus, the limitation for passing order imposing penalty under Section 271D read with Section 274 & 275(1)(C) of the Income Tax Act, 1961 which would have otherwise expired on 31.03.2020 or within a period of six months from the date of issuance of the notice, expired on 30.03.2022 as per Clause(A)(a)(i) of the Notification in S.O. No. 3814(E) dated 17.09.2021. 32. Whe....