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Commissioner of Income Tax Versus Dinesh Jain

2015 (4) TMI 1102 - DELHI HIGH COURT

Penalty under Section 271E - power of initiation of proceedings by the AO - Held that:- In view of the express wording of Section 271D/271E which only mandated that the Joint Commissioner is authorised to issue the penalty order, the ITAT concluded t .....

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ant: Mr. P. Roychaudhury, Advocate For the Respondent: Mr. Salil Aggarwal, Advocate. O R D E R The Revenue is aggrieved by the order of the Income Tax Appellate Tribunal ( ITAT‟) dated 16.05.2014 passed in ITA .....

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2011. In the course of these proceedings, he disallowed certain amounts and also issued notice for initiation of proceedings under Section 271E as prelude to imposition of penalty. Notice was separately issued by the Joint Commissioner in this regard .....

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prescribed. The CIT (A) accepted this contention and held inter alia that since the AO initiated the penalty proceedings on 5.12.2011 itself, the penalty order was beyond the period prescribed under Section 275 (1) (c). This .....

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n the appropriate and competent officer authorized to impose penalty issues notice. It was submitted that the ITAT‟s findings are erroneous because in this case the notice was issued by the Joint Commissioner on 12.03.2012 and the penalty impos .....

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concluded that the AO has to be prima facie satisfied as to whether penalty proceedings are to be initiated. The conclusions of the ITAT are also in line with the decision of the Rajasthan High Court in CIT v. Jitendra Singh Rathore, (20 .....

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