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2014 (9) TMI 608 - AT - Income TaxLevy of penalty u/s 271(1)(c) – Time limit for passing order expired or not – Limitation period u/s 275(1)(a) - Concealment of facts and furnishing of inaccurate particulars or not – Held that:- The AO had made certain additions to the income of the assessee, while finalsing the assessment, that the appeal filed by the assessee was dismissed by the FAA, that the assessee itself withdrew the quantum appeal filed before the Tribunal, that the AO levied penalty u/s 271(1)(c) of the Act - no one has a vested and substantive right in the procedure and limitation has to be considered as a part of the procedural law as distinct from substantive law, that the law of procedure may be said to be that branch of the law which governs the process of litigation, that it is the law of actions, all the residue is substantive law and relates not to the process of litigation, but to its purposes and subject-matter - as far as provisions of sections 115, 143, 115(o) are concerned, it is suffice to say that they all deal with substantive law and determine the rights of the assessee - A perusal of chapter XXI reveal that section 271 is a substantive provision whereas section 274 provides the procedure to be followed in giving effect to the said substantive charging provision and section 275 creates a bar of limitation against the imposition of penalty - while deciding the question of limitation as mentioned in the section, penalty order passed by the AO was within the time-limit envisaged by the Act - the FAA has reduced the penalty from 200% to 100% - thus, the order of the CIT(A) is upheld – Decided against assessee.
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