PCIT v. Rishikesh Buildcon Pvt. Ltd. (2023)451 ITR 108 (Delhi)(HC) PCIT v. Rishikesh Properties Pvt. Ltd. (2023) 451 ITR 108 (Delhi)(HC) PCIT v. Rupa Promoters Pvt. Ltd. (2023) 451 ITR 108 (Delhi)(HC)

S. 275 : Penalty-Bar of limitation-Limitation-Limitation starts from the date of assessment when the Assessing Officer initiates penalty proceedings and not from the date of sanction for penalty proceedings. [S. 271D, 275(1)(c)]

Dismissing the appeal of the Revenue the Court held that the quantum proceedings were completed by the Assessing Officer on December 17/18, 2008, and the Assessing Officer initiated the penalty proceedings in December 2008. Thus, the last date by which the penalty order could have been passed was June 30, 2009. The six-month period from the end of the month in which the action of imposition of penalty was initiated would expire on June 30, 2009. However the penalty orders were passed on September 29, 2009, and therefore, the Tribunal rightly held that the orders were barred by limitation. (AY.2006-07)

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