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2016 (10) TMI 979 - RAJASTHAN HIGH COURT

2016 (10) TMI 979 - RAJASTHAN HIGH COURT - TMI - Validity of penalty u/s 271E - period of limitation - Held that:- Taking into consideration that under Section 275(1)(c) of the Act, it is no doubt that Commissioner is the competent authority and other contention that the notice was within limitation, in our view is misconceived inasmuch as AO on 30/12/2009 issued notice to the assessee and he was clear that no penalty proceedings required to be initiated. We ought to have held that the Departmen .....

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Tribunal has partly allowed the appeal preferred by the assessee and dismissed the appeal of department where CIT(A) has partly allowed the appeal of the assessee. 2. This Court while admitting the appeal framed following substantial questions of law:- "(i) Whether the ITAT has erred in law and on face by holding that the time limit prescribed for completion of penalty proceedings under Section 275(1)(a) is applicable and not 275(1) (c). (ii) Whether the ITAT has erred in law in holding th .....

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143(3) of the Income Tax Act the assessing officer initiated the penalty proceedings on 30/12/2009. Meanwhile the assessee went in appeal against the additions made by the assessing officer. The order of the CIT(A) was received on 30/3/2011 against which further appeal was filed before the ITAT. The order of ITAT was received on 14/2/2012. In the meantime a reference was made to the Addl. CIT, central range, Jaipur for imposing penalty u/s 271E of the Income Tax Act 1961. Show cause notice was .....

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ously committed an error in levying the penalty on 30/3/2011. In fact, the competent authority-Commissioner issued notice within the limitation and therefore, question is not required to be answered whether 275(1)(a) who is the competent authority under the Act. 6. Counsel for the respondent contended that the second issue has come to be decided by the decision of this Court in CIT Vs. Hissaria Bros. reported in (2007) 211 CTR 156 (Raj.) and CIT Vs. Jitendra Singh Rathore reported in (2013) 83 D .....

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imposition of penalty under sections 271D and 271E of the Income tax Act, 1961 (hereafter referred to as the Act) commences at the level of the Assessing Officer (below the rank of Joint Commissioner of Income Tax.) or at level of the Range authority i.e. the Joint Commissioner of Income Tax./Addl. Commissioner of Income Tax. Some High Courts have held that the limitation commences at the level of the authority competent to impose the penalty i.e. Range Head while others have held that even tho .....

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mi Vision v. Addl. Commissioner of Income Tax, Range 1, Kozhikode, vide its order dated 8.7.15 in ITA Nos. 83&86 of 2014, observed that, "Question to be considered is whether procedings for levy of penalty, are initiated with the passing of the order of assessment by the Assessing Officer or whether such proceedings have commenced with the issuance of the notice issued by the Joint Commissioner. From statutory provision, it is clear that the competent authority to levy penalty being the .....

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dings without jurisdiction. If that be so, the initiation of the penalty proceedings is only with the issuance of the notice issued by the Joint Commissioner to the assessment to which he has filed his reply." 4. The above judgment reflects the "Departmental View". Accordingly, the Assessing Officers (below the rank of Joint Commissioner of Income Tax) may be advised to make a reference to the Range Head, regarding any violation of the provisions of section 269SS and section 269T .....

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