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Para 5 - Procedure in penalty - Faceless Penalty Scheme, 2021

Extract

..... ocation system; (iii) where in a case assigned to a penalty unit, initiation of penalty proceedings has been recommended, such unit, after examination of the material available on record, may decide to,- (a) agree with the recommendation and prepare a draft notice calling upon the assessee or any other person, as the case may be, to show cause as to why penalty should not be levied under the relevant provisions of the Act; or (b) disagree with the recommendation, for reasons to be recorded in writing, and send such draft notice or the reasons, as the case may be, to the National Faceless Penalty Centre; (iv) the National Faceless Penalty Centre shall upon receipt of the draft notice or reasons referred to in clause (iii) from the penalty un .....

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Para 5 - Procedure in penalty - Faceless Penalty Scheme, 2021

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..... ake a request to the National Faceless Penalty Centre for, - (a) obtaining further information, documents or evidence from any income-tax authority or the National Faceless Assessment Centre; or (b) obtaining further information, documents or evidence from the assessee or any other person; or (c) seeking technical assistance or conducting verification; (x) the National Faceless Penalty Centre shall, upon receipt of request, referred to in sub-clauses (a) or (b) of clause (ix), issue appropriate notice or requisition to the income-tax authority or the National Faceless Assessment Centre or the assessee or any other person, as the case may be, to submit such information, documents or evidence, as may be specified by the penalty unit, specifyi .....

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Para 5 - Procedure in penalty - Faceless Penalty Scheme, 2021

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..... to in clause (xiv), propose for,- (a) imposition of the penalty and prepare a draft order for such imposition of penalty; or (b) non-imposition of the penalty, for reasons to be recorded in writing and send the proposal along with such draft order or reasons, as the case may be, to the National Faceless Penalty Centre; (xvi) the National Faceless Penalty Centre shall examine the proposal, as referred to in clause (xv), in accordance with the risk management strategy specified by the Board, including by way of an automated examination tool, whereupon it may decide, - (a) in a case where imposition of penalty has been proposed, to pass the penalty order as per draft order referred to in sub-clause (a) of clause (xv), and serve a copy thereof .....

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Para 5 - Procedure in penalty - Faceless Penalty Scheme, 2021

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..... fications suggested by the penalty review unit are prejudicial to the interest of assessee or any other person, as the case may be, as compared to the proposal of the penalty unit under clause (xv), shall follow the procedure laid down in clauses (v) to (xiv) and prepare a revised draft order for imposition of penalty; or (b) in a case where the modification are not prejudicial to the interest of assessee or any other person, as the case may be, shall prepare a revised draft order for imposition of penalty; or (c) may propose non-imposition of penalty, for reasons to be recorded in writing, and send such order or reasons to the National Faceless Penalty Centre; (xxi) upon receipt of revised draft order from the penalty unit, as referred to .....

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Para 5 - Procedure in penalty - Faceless Penalty Scheme, 2021

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