Property Plus Realtors v. UOI [2025] 171 taxmann.com 426 / (2026) 486 ITR 138 (Delhi)(HC)

S. 275: Penalty-Bar of limitation-Penalty proceedings under section 271DA were initiated against the assessee within a period of eleven days of culmination of assessment proceedings; this period could not be termed an unreasonable period, and therefore, it would not be necessary to examine whether the period of limitation would stand extended on account of such delay-Writ petition was dismissed. [S. 269ST, 271DA, Art. 226]

 

Search was conducted at premises of the assessee and its partners. Thereafter, assessee filed its return, which was taken up for scrutiny and an assessment order was passed. Assessing Officer also decided that penalty proceedings be initiated in respect of cash allegedly received by the assessee in contravention of section 269ST. Accordingly, the Assessing Officer made a reference to the Additional Commissioner for initiation of penalty proceedings under section 269ST, read with section 271DA. A show cause notice was issued calling upon the assessee to show cause why penalty should not be imposed under section 271DA. Thereafter, concerned authority passed an order imposing penalty under section 271DA  Assessee filed  writ petition contending that order was beyond period of limitation as prescribed in section 275(1)(c). Dismissing the petition, the Court held that where there is an inordinate delay in initiation of proceedings, it would be necessary to examine whether the period of limitation would stand extended on account of such delay.0n facts, penalty proceedings were initiated within a period of eleven days of culmination of assessment proceedings; this period could not be termed as an unreasonable period; hence the petition was dismissed..(AY. 2022-23)

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