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2011 (9) TMI 133 - HC - Income TaxPeriod of limitation to levy penalty - Whether learned ITAT erred in holding that penalty has been levied after expiry of limitation period as laid down under Section 275(1)(a) of the Income-Tax Act - the proviso to Section 275(1)(a) of the Act does not nullify the availability to the Assessing Officer of the period of limitation of six months from the end of the month when the order of the ITAT is received by the Assessing Officer - In the present case the order of the ITAT was rendered on 11th August, 2008 and the order passed by the Assessing Officer levying penalty was passed on 26th February, 2009, i.e., within a period of six months from the order of the ITAT - Thus, the impugned order is set aside and the matter is remitted back to the ITAT for a decision on the merits of the Appeal in accordance with law.
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