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2016 (3) TMI 1362 - AT - Income TaxPenalty u/s 271(1)(c) - penalty order barred by limitation - Bar of limitation for imposing penalties u/s 275 - HELD THAT:- As decided in COSMO FILMS LTD. VERSUS ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE 3 (1) , DELHI. [2011 (7) TMI 1355 - ITAT DELHI] as per section 275(1A) of the Act, therefore, the limitation provided there-under concerns cases where the assessment order or revision is under appeal at the relevant stage and an order imposing or enhancing or reducing or cancelling penalty or dropping the proceedings for the imposition of penalty passed before the appellate order is received by the Department or order of revision is passed. In such a situation, an order imposing or enhancing or reducing or cancelling penalty or dropping the proceedings for the imposition of penalty may be passed on the basis of assessment as revised by giving effect to the appellate order or the revisional order. In the present case, no order either imposing or enhancing or reducing or cancelling penalty or dropping the proceedings for the imposition of penalty stands passed. That being so, the provisions of section 275(1A) are not applicable. Penalty order is hit by the proviso to section 275(1)(a) of the Act. Going by the para-meters laid down therein in the said section, the penalty order is clearly beyond the limitation provided therein. - Decided against revenue.
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