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2009 (10) TMI 20 - HC - Income TaxTime limit for imposing penalty – period of limitation – six months – held that - the assessee filed appeal before the Tribunal and also wrote a letter seeking deferment of penalty proceedings till the appeal was decided. On the request of the assessee, the proceedings were deferred and penalty proceedings were initiated after order of the Tribunal. Even if delay was not condoned and the assessee filed time barred appeal and on that ground sought deferment of penalty proceedings, the assessee could not be heard to say that filing of appeal should be ignored. No one can take advantage of his own wrong - since the quantum appeal was pending before the Tribunal, the limitation period for imposing penalty had not yet expired
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