Question And Answer
Subject: Time limit for initiating and levy of Penalty proceedings u/Sec. 271DA of the Act
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Querist: Prakash
Answered by: Reply of the Expert is awaited;
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Date: July 14, 2023
Query asked by Prakash

1.What is time limit for initiating and levy of Penalty U/Sec 271DA of the Income Tax Act.1961.

2. Whether it is to be initiated in the assessment proceedings.

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Answer given by

The Assessing officer must initiate the assessment process under Section 271DA of the Income -Tax Act of 1961. Once the penalty process has been initiated in the assessment order, the time limit shall be computed in accordance with the provisions of section 275(1)(c) of the aforementioned Act. The order must be passed within six months from the date of initiation or the end of the financial year in which the initiation began, whichever is later. Refer , Triumph Securities Ltd. v. Add. CIT (2022)99 ITR 58 (SN)(Mum) ( Trib) , PCIT v. JKD Capital and Finlease Ltd ( 2015) 378 ITR 614 ( Delhi)( HC)



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