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2015 (4) TMI 1102 - DELHI HIGH COURT

2015 (4) TMI 1102 - DELHI HIGH COURT - TMI - 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 that there was no power of initiation of proceedings by the AO. We find no infirmity with this finding. - Decided in favour of assessee. - ITA No. 751 of 2014 - Dated:- 27-4-2015 - MR. S. RAVINDRA BHAT & .....

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the respondent/assessee‟s case on 5.12.2011. 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 on 12.3.2012. The Joint Commissioner after considering the contentions of the assessee imposed the penalty on 14.9.2012. The assessee approached the CIT (A) contending that in terms of Section 275 (1) (c) .....

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s later would commence only from the date when 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 imposed on 14.09.2012, and the limitation then ought to have been from the date of issuance of notice by the JCIT, i.e., 12.03.2012. We notice that the ITAT considered the import of Section 269SS and .....

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