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TMI Blog2024 (12) TMI 317X X X X Extracts X X X X X X X X Extracts X X X X ..... tiation of the proceedings. The order of penalty was required to be passed within six months from the end of the month in which the reference was received. There is no dispute that the reference was received by respondent no. 3 from the AO on 18.01.2023. As the proposal to initiate the penalty proceedings had been forwarded by the AO to respondent no. 3 on 18.01.2023. Further, this court is also unable to countenance that respondent no. 3 had not taken any steps immediately after receipt of the said reference and it waited almost one year to ask for further documents, which was beyond the period prescribed for passing the impugned order u/s 271DA of the Act. Assessee appeal allowed. - HON'BLE MR. JUSTICE VIBHU BAKHRU AND HON'BLE M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eedings were transferred to the Assessing Officer (hereafter the AO) for assessment. The AO had passed an assessment order dated 18.01.2023 under Section 143(3) of the Act. During the course of the proceedings, it appeared that the petitioner was liable for penalty for violation of Section 269ST of the Act. Accordingly, on 18.01.2023, the AO forwarded a reference to the Additional Commissioner of Income Tax, Central Range-4, New Delhi (respondent no.3) proposing for initiation of the penalty proceedings under Section 269ST read with Section 271DA of the Act. Respondent no. 3 did not take any immediate steps thereafter. However, after a lapse of more than one year, respondent no. 3 sent a letter dated 09.04.2024, acknowledging that it had re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. In terms of the said decisions, the date of receipt of the reference is required to be considered as the date of initiation of the proceedings. The order of penalty was required to be passed within six months from the end of the month in which the reference was received. There is no dispute that the reference was received by respondent no. 3 from the AO on 18.01.2023. Paragraph no. 5 of the said letter clearly indicates the above. The same is reproduced below: In view of the above, proposal of initiating proceedings u/s 269 ST of the Income Tax Act, 1961 in the case of the Assessee for A.Y.2020-21 is being forwarded for initiation of penalty proceedings and taking remedial action in this case. 9. However, Mr. Sanjay Kumar, the learned co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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