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2015 (12) TMI 1080 - HC - Income TaxPenalty u/s 271 (1) (c) - period of limitation - Held that:- The period of limitation prescribed under Section 275 of the Act is apparently clear, namely, that the order of penalty must be passed within six months from the end of the month in which the appellate order is received. The said order of the Tribunal was received by the Commissioner of Income Tax on 28.06.1999. Six months would expire on 31.12.1999. The period of limitation cannot be extended merely because an application under Section 254 of the Act was filed by the assessee. The Department cannot take advantage of the filing of the application by the assessee. There was no embargo upon the Assessing Officer in not completing the penalty proceedings within the period of limitation. The decisions cited by the learned counsel for the Department in the cases of Hind Wire Industries Ltd. Vs. Commissioner of Income Tax, (1995 (1) TMI 2 - SUPREME Court) and Henri Isidore Vs. Commissioner of Income Tax, [1997 (10) TMI 16 - MADRAS High Court] have no application in the present case. Consequently we are of the opinion that the Tribunal was justified in rejecting the appeal and deleting the order of penalty holding it as barred by limitation. The appeal is, accordingly, dismissed. The question of law, as referred, is answered in favour of the assessee
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