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TMI Blog2024 (12) TMI 316X X X X Extracts X X X X X X X X Extracts X X X X ..... orks India Pvt. Ltd [ 2024 (11) TMI 506 - DELHI HIGH COURT] 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 24.03.2023. As the proposal to initiate the penalty proceedings had been forwarded by the AO to respondent no. 3 on 24.03.2023. 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 pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es of the constituent partners of the petitioner firm. 4. The petitioner s return for the AY 2021-22, had earlier been selected for scrutiny and the assessment proceedings were transferred to the Assessing Officer (hereafter the AO) for assessment. The AO had passed an assessment order dated 24.03.2023 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 24.03.2023, the AO had 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. 5. Respondent no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne Del 14476 as well as the decision in Commissioner of Income Tax (TDS)-2 Delhi v. Turner General Entertainment Networks India Pvt. Ltd.: 2024 SCC OnLine Del 7760. 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 24.03.2023. Paragraph 3 of the said letter clearly indicates the above. The same is reproduced below: 3. Since the amount of cash received involved more than Rs. 2,00,000/- in the transaction from the customer, therefore in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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