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2019 (4) TMI 514 - HC - Income TaxPenalty u/s 271E - violation u/s 269T - limitation to pass penalty order u/s 275(1) - rectification order passed u/s 154 can extend limitation - HELD THAT:- As foundation for the proceedings lies not in any order passed on a statutory appeal or revision, it is the stipulations present in Section 275(1)(c) which would govern the present contest. A plain reading of the provisions would confirm that the statutory authority concerned, is restrained from passing any order of penalty beyond the expiry of a financial year in which a proceeding which has led to the penalty proceeding has been completed or within six months from the end of the month in which a penalty proceeding has been initiated, whichever expires later. A plain reading of various circumstances discussed u/s 275 of ‘the Act’ would confirm that a plea of a pending proceeding u/s 154, does not suffice for explaining a delay in passing the final order because this situation does not find mention in either of the situations discussed. The entire proceedings initiated for imposition of penalty under Section 271E for alleged violation of Section 269(T) is barred by limitation as prescribed u/s 275(1)(c) - Decided in favour of assessee.
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