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2006 (4) TMI 96 - HC - Income TaxPenalty levied u/s 271(1)(c) - period of limitation - Applicability of proviso to section 275(1)(a) - HELD THAT:- On persual of provision of Section 275(1)(a) makes it clear that the interpretation placed by learned counsel for the petitioner on the said provision is acceptable. There is no dispute in this case that the petitioner has filed an appeal before the Tribunal and the same is pending. In such a case, the limitation period for the levy of penalty will be as provided for u/s 275(1)(a), i.e, six months from the end of the month in which the order of the Appellate Tribunal is received by the Chief Commissioner. There cannot be any doubt on this aspect. Accordingly, this court is of the view that the proviso to section 275(1)(a) of the Act, does not nullify the availability to the third respondent of the period of limitation of six months from the end of the month when the order of the Income-tax Appellate Tribunal, Chennai, is received by the third respondent herein. Accordingly, this writ petition is disposed of. Consequently, the connected W.P.M.P. is also closed.
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