2025 (3) TMI 93

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..... were extended by various Circulars and finally in terms of Notification No.113/2021/f.No.370142/35/2020-TPL-Part-1], it was extended till 31st March, 2022 which is the end date up to which the limit for completion of order imposing penalty chargeable under the Act was extended. As penalty order was passed as on 1st April, 2022, the same is beyond the time limit extended by the CBDT. Appeal of the assessee is allowed.
Shri Mahavir Singh, Vice President And Shri Manish Agarwal, Accountant Member For the Assessee : Sh. Harshit Chauhan, Adv. For the Department : Sh. Ashish Tripathi, Sr. DR ORDER PER MANISH AGARWAL, AM: This is appeal filed by the Assessee against the order Ld. CIT, NFAC, Delhi in appeal No. NFAC/2011-12/10126549 dated .....

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..... on the facts and circumstances of the case and in law, the impugned order dated 01.04.2022 issued u/s 271(1)(c) of the Income Tax Act, 1961 ("the Act") imposing a penalty of Rs. 43,641/-is arbitrary, bad in law and liable to be quashed. 2. That on the facts and circumstances of the case and in law, the impugned order dated 01.04.2022 is barred by limitation as per provisions of Section 275 of the Act, and is thus untenable, and liable to be quashed. 3. That on the facts and circumstances of the case and in law, the AO has failed to record a clear and specific satisfaction as required u/s 271(1)(c) of the Act, which is a mandatory prerequisite for levying penalty, thereby rendering the impugned order legally unsustainable." 4. That on .....

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..... e Notification No.113/2021/f.No.370142/35/2020-TPL-Part-1] on page-2 the time limit was finally extended up to 31st March, 2022. The relevant extract of notification as under: "(A) where the specified Act is the Income Tax Act, 1961 (43 of 1961) (hereinafter referred to as the Income-tax Act) and, - (a) the completion of any action, referred to in clause (a) of sub-section (1) of section 3 of the said Act, relates to passing of any order for imposition of penalty under Chapter XXI of the Income-tax Act, - (i) the 30th day of March, 2022 shall be the end date of the period during which the time-limit specified in, or prescribed or notified under, the Income-tax Act falls for the completion of such action; and (ii) the 31st day of Mar .....

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