Assessment order under s. 143(3) was passed by the AO on 31st Dec., 2010 with an observation that the penalty proceeding shall be initiated separately. Reference was made by the AO to the concerned Addl. CIT on 7th June, 2011 and pursuant to the notice issued by the Addl. CIT, the penalty order dt. 30th Dec., 2011 under S. 271E was passed.   On appeal the assesseee contended that the order was barred by limitation. CIT(A) up held the contention of the assessee. Order of the CIT(A) was affirmed by Tribunal. On appeal the Court held that reference having been only on 7th June, 2011,  a notice pursuant to the said reference would have been issued after 7th June, 2011, which resulted in the penalty order dt. 30th Dec., 2011, hence the order was barred by limitation which expired on 30th June, 2011.  (AY. 2009-10)