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2018 (3) TMI 1205 - AT - Income TaxPenalty u/s 271D for violation of provisions of section 269SS - notice barred by limitation - Held that:- There is no material on record to show that the assessing officer has issued any notice u/s 271D of the Act. Even if it is assumed that the assessing officer has issued a notice u/s 271D on the date of assessment order, i.e., on 31-12-2008, the same would become time barred by 30-06-2009, i.e., within six months from the end of the month in which action for imposition of penalty is initiated, for the reason that the penalty proceedings u/s 271D of the Act cannot be considered to be an action initiated during the course of assessment proceedings. The penalty order passed by Addl. Commissioner of Income tax on 30-03-2010 is barred by limitation. - Decided in favour of assessee.
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