TMI Blog2016 (3) TMI 1084X X X X Extracts X X X X X X X X Extracts X X X X ..... ICIAL MEMBER For the Appellant by : Sh. Kartar Singh, CIT, D.R. For the Respondent by : Sh. Suresh Kr. Gupta, C.A. ORDER PER BENCH All these appeals are filed by the Revenue directed against separate but identical orders of the Ld.Commissioner of Income Tax (Appeals)-I, New Delhi pertaining to the Assessment Year s(A.Y.) 2006-07, 2007-08 and 2009-10. As the issues arising in all these appeals are common, for the sake of convenience they are heard together and disposed of by way of this common order. 1.1. The assessee raised the issue of limitation by invoking Rule 27 of ITAT Rules. As the Ld.CIT(A) had considered this ground of the assessee and decided the issue against the assessee, we hold tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which action for imposition of penalty is initiated, which ever period expires later. In the present case, the first period of limitation expired at the end of FY 2011-12, i.e. on 31.03.2012, as the assessment order was passed on 30.12.2011 and there appears to be no further appeal against the said order. The subsequent period in the case, however, expired at the end of six months on 28.02.2013, as the action for imposition of penalty, i.e. issue of notice u/s 271 D / 271 E by the Addl.CIT, was taken on 22.08.2012. As the order was passed on 30.11.2012, it was within the period of limitation prescribed u/s 275(1)( c). 4.5 In view of the above, this ground of appeal raised by the appellant is contrary to the law in the matter and is, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The later of the two dates is 30th June 2008. 3.2. Further at para 11 it was held as follows. 11. In fact, when the AO recommended the initiation of penalty proceedings the AO appeared to be conscious of the fact that he did not have the power to issue notice as far as the penalty proceedings under Section 271-E was concerned. He, therefore, referred the matter concerning penalty proceedings under Section 271- E to the Additional CIT. For some reason, the Additional CIT did not issue a show cause notice to the Assessee under Section 271-E (1) till 20th March 2012. There is no explanation whatsoever for the delay of nearly five years after the assessment order in the Additional CIT issuing notice under Section 271-E of the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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