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2015 (11) TMI 1052 - AT - Income TaxPenalty under section 271E - Held that:- Undisputedly the assessment was completed on December 24, 2010 and reference to the Additional Commissioner of Income-tax was made by the Assessing Officer on December 30, 2010. Copy of the reference letter is placed on record and the penalty order was passed on July 28, 2012 which is clearly after the expiry of the period of six months from the action initiated for levying the penalty. See M/s Ashok Kumar Pathak Versus Jt. C.I.T [2015 (11) TMI 1006 - ITAT LUCKNOW] Thus if the penalty order is passed after a period of six months from the action initiated for levying the penalty, the penalty order is barred by time - Decided in favour of assessee.
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