Clause 234 - Bar of limitation for imposing penalty. - Direct Taxes Code, 2010

Bar of limitation for imposing penalty. 234. (1) No order imposing a penalty under this Chapter shall be passed after the expiry of a period of one year from the end of the financial year in which the notice for imposition of penalty is issued under section 233. (2) An order imposing, or dropping the proceedings for imposition of, penalty under this Chapter may be revised, or revived, as the case may be, on the basis of assessment of the tax bases as revised after giving effect to the order of the Commissioner (Appeals), the Appellate Tribunal, the High Court or the Supreme Court or order of revision under section 191 or section 192. (3) An order revising the penalty under sub-section (2) shall not be passed after the expiry of a period of six months from the end of the month in which order of the Commissioner (Appeals), the Appellate Tribunal, the Authority for Advance Ruling and Dispute Resolution, the High Court or the Supreme Court is received by the Chief Commissioner or the Commissioner or the order of revision under section 191 or section 192 is passed. (4) In computing the period of limitation for the purposes of this section, the following time or period shall not be included— (a) the time taken in giving an opportunity to the assessee to be re-heard again under section 133; (b) any period during which the immunity granted under section 283 remained in force; and (c) any period during which a proceeding under this Chapter for the levy of penalty is stayed by an order, or injunction, of any court.