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TMI Blog2015 (11) TMI 1052X X X X Extracts X X X X X X X X Extracts X X X X ..... r levying the penalty, the penalty order is barred by time - Decided in favour of assessee. - I. T. A. No. 388 /LKW/ 2012 (assessment year 2008-09). - - - Dated:- 28-4-2015 - SUNIL KUMAR YADAV (Judicial Member) and A. K. GARODIA (Accountant Member) Smt. Pinki Mahavar for the appellant. Rakesh Garg for the respondent. ORDER The order of the Bench was delivered by 1. Sunil Kumar Yadav (Judicial Member).-This appeal is preferred by the assessee against the order of the learned Commissioner of Income-tax (Appeals), inter alia, on the following grounds : 1. That the learned Commissioner of Income-tax (Appeals)-II, Lucknow has not correctly appreciated the facts and circumstances of the case. 2. That the learned Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time-barred, he has invited our attention that the assessment order was passed on December 24, 2010 and reference for initiating penalty under section 271E of the Income-tax Act, 1961 (hereinafter called in short the Act ) was made on December 30, 2010 to the Additional Commissioner of Income- tax and the Additional Commissioner of Income-tax passed an order under section 271E of the Act on July 28, 2011 ; whereas as per the provisions of section 275(1)(c) of the Act, penalty order is required to be passed within a period of six months from the date of action for imposition of penalty has been initiated. Since the penalty order was passed after expiry of six months, the penalty order is barred by time and deserves to be quashed. 3. On m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uced below : '(c) in any other case, after the expiry of the financial year in which the proceedings, in the course of which action for the imposition of penalty has been initiated, are completed, or six months from the end of the month in which action for imposition of penalty is initiated, whichever period expires later.' From the above provisions, it is seen that penalty order is time barred in the present case on the expiry of six months from the end of the month in which the action for penalty is initiated. In the facts of the present case, the date of reference by the Assessing Officer to the Additional Commissioner of Income-tax for imposition of penalty is October 21, 2010 and if the period of six months is counted fro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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