TMI BlogBar of limitation for imposing penaltiesX X X X Extracts X X X X X X X X Extracts X X X X ..... hich the order of 13 [ the Joint Commissioner (Appeals) or the Commissioner (Appeals) ] or, as the case may be, the Appellate Tribunal is received by the 12 [Principal Chief Commissioner or] Chief Commissioner or 12 [Principal Commissioner or] Commissioner, whichever period expires later : 7 [ Provided that in a case where the relevant assessment or other order is the subject-matter of an appeal 14 [ to the Joint Commissioner (Appeals) or to the Commissioner (Appeals) ] under section 246 or section 246A, and 13 [ the Joint Commissioner (Appeals) or the Commissioner (Appeals) ] passes the order on or after the 1st day of June, 2003 disposing of such appeal, an order imposing penalty shall be passed before the expiry of the fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the imposition of penalty is passed before the order of 13 [ the Joint Commissioner (Appeals) or the Commissioner (Appeals) ] or the Appellate Tribunal or the High Court or the Supreme Court is received by the 12 [Principal Chief Commissioner or] Chief Commissioner or 12 [Principal Commissioner or] Commissioner or the order of revision under section 263 or section 264 is passed, 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 such order of 13 [ the Joint Commissioner (Appeals) or the Commissioner (Appeals) ] or, the Appellate Tribunal or the High Court, or the Supreme Court or order of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ii ) any period during which a proceeding under this Chapter for the levy of penalty is stayed by an order or injunction of any court, shall be excluded.]] ----------------------------- Notes :- 1. Substituted by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971. 2. Renumbered by the Direct Tax Laws (Second Amendment) Act, 1989, w.e.f. 1-4-1989. 3. Substituted for clauses (a) and (b) by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Prior to its substitution, clause (a) was amended by the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978. 4. Words Deputy Commissioner (Appeals) or the omitted by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. 5. Inserted by the Finance Act ..... X X X X Extracts X X X X X X X X Extracts X X X X
|