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Commencement of limitation for penalty proceedings under sections 271D and 271E of the Income tax Act 1961

Income Tax - 09/DV/2016 (Departmental View) - Dated:- 26-4-2016 - CIRCULAR NO. 09/DV/2016 (Departmental View) F.No.279/Misc./M-116/2012-ITJ GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE CENTRAL BOARD OF DIRECT TAXES New Delhi, 26th April, 2016 Subject:- reg. It has been brought to the notice of the Central Board of Direct Taxes (hereinafter referred to as the Board) that there are conflicting interpretations of various High Courts on the issue whether the limitation for impositio .....

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sessing Officer is not competent to impose the penalty, the limitation commences at the level of the Assessing Officer where the Assessing Officer has issued show cause notice or referred to the initiation of proceedings in assessment order. 2. On careful examination of the matter, the Board is of the view that for the sake of clarity and uniformity, the conflict needs to be resolved by way of a "Departmental View". 3. The Hon'ble Kerala High Court in the case of Grihalaxmi Vision .....

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Commissioner. Therefore, only the Joint Commissioner can initiate proceedings for levy of penalty. Such initiation of proceedings could not have been done by the Assessing Officer. The statement in the assessment order that the proceedings under Section 271D and E are initiated is inconsequential. On the other hand, if the assessment order is taken as the initiation of penalty proceedings, such initiation is by an authority who is incompetent and the proceedings thereafter would be proceedings .....

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