GST Helpdesk   Subscription   Demo   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
What's New Case Laws Highlights Articles News Forum Short Notes Statutory TMI SMS More ...
Extracts
Home List
← Previous Next →

2015 (10) TMI 1484 - ITAT DELHI

2015 (10) TMI 1484 - ITAT DELHI - [2015] 43 ITR (Trib) 683 (ITAT [Del]) - Penalty under section 271E - CIT(A) held that the penalty order passed by the Assessing Officer was barred by limitation - Held that:- CIT(A) rightly held that the penalty order passed by the Assessing Officer was barred by limitation as the penalty order was passed beyond six months from the end of the month in which penalty proceedings were initiated, while penalty proceedings were initiated in the month of December 2007 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ect of violation of Rule 46-A, we have noticed that learned CIT(A) has not decided any factual aspects on merits nor has he admitted any additional evidence. In any event, no specific arguments were advanced in support of this grievance. - Decided in favour of assessee. - I.T.A. No.: 5443/Del/2013 - Dated:- 27-3-2015 - I.C. Sudhir, JM and Pramod Kumar, AM P. Dam Kaunajma, for the appellant Ashwani Taneja, for the respondent ORDER Per Pramod Kumar: 1. By way of this appeal, the Assessing Officer .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

and circumstances of the case, the Ld. CIT(A) erred in concluding that penalty is barred by limitation whereas the limitation starts from the date of receipts of CIT(A) order in the CIT office, which is 06.04.2010, therefore time baring limit for passing Penalty Order is 31.03.2012 ? 3. Whether in the facts and circumstances of the case, the Ld. CIT(A) erred in treating the repayment as share capital instead of loans as held by AO and confirmed by Ld. CIT(A) in Quantum appeal ? 4. That the orde .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t as time barred. While doing so, learned CIT(A) has observed as follows :- The Addl. CIT imposed the penalty u/s 271E vide order passed dated 20.03.2012 on a reference received from the AO, who initiated the penalty proceedings as per assessment order passed u/s 143(3) dated 28.12.2007, as is apparent from the last para of the assessment order. This action of the AO confirms that the impugned penalty u/s 271E was initiated on 28.12.2007. in the penalty order u/s 271E, in para 3 at first page, A .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

edings were initiated by the AO on 28.12.2007. Thus, in any case the penalty order should have been passed within the financial year itself in which the penalty proceedings were initiated or within six months from the end of the month in which the penalty proceedings were initiated, whichever period expires later, and in the present case the penalty order could have been passed on or before 30.06.2008. Therefore, the penalty order passed u/s 271E on 20.03.2012 is barred by limitation and deserve .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

for violation of section 269SS, now stands approved by the Hon ble jurisdictional High Court. In the case of CIT vs. Worldwide Township Projects Ltd (269 CTR 444), Their Lordships has, in this regard, held as follows :- 5. Concededly, if Section 275(1)(c) of the Act is applicable, the penalty order is beyond the prescribed period. In the present case, the penalty sought to be imposed on the assessee is for alleged violation of Section 269SS of the Act. It is well settled that a penalty under th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Hissaria Bros.: (2007) 291 ITR 244 (Raj.) after examining a case which was factually similar to the present one, expressed similar view and held as under:- The expression other relevant thing used in Section 275(1)(a) and clause (b) of Sub-section (1) of section 275 is significantly missing from clause (c) of section 275(1) to make out this distinction very clear. We are, therefore, of the opinion that since penalty proceedings for default in not having transactions through the bank as required .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ot so clause (c) of section 275(1) would be redundant because otherwise as a matter of fact every penalty proceeding is usually initiated when during some proceedings such default is noticed, though the final fact finding in this proceeding may not have any bearing on the issues relating to establishing default e.g. penalty for not deducting tax at source while making payment to employees, or contractor, or for that matter not making payment through cheque or demand draft where it is so required .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Latest Notifications:

    Dated      Category

20-7-2017 Cus (NT)

20-7-2017 GST CESS Rate

19-7-2017 IT

19-7-2017 IT

18-7-2017 IT

18-7-2017 CE (NT)

18-7-2017 CE

18-7-2017 GST CESS Rate

15-7-2017 Kerala SGST

14-7-2017 Andhra Pradesh SGST

14-7-2017 Cus (NT)

14-7-2017 Cus

13-7-2017 Co. Law

13-7-2017 Co. Law

13-7-2017 ADD

13-7-2017 ADD

12-7-2017 Jammu & Kashmir SGST

12-7-2017 Gujarat SGST

12-7-2017 Gujarat SGST

12-7-2017 CGST Rate

More Notifications


Latest Circulars:

20-7-2017 Goods and Services Tax

19-7-2017 Goods and Services Tax

19-7-2017 Income Tax

18-7-2017 Customs

17-7-2017 Customs

14-7-2017 Income Tax

13-7-2017 Central Excise

13-7-2017 Customs

13-7-2017 Central Excise

13-7-2017 Customs

More Circulars



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version