9911796707
TMI Blog2002 (1) TMI 261X X X X Extracts X X X X X X X X Extracts X X X X ..... Last date for imposition of penalty 31-1-1992 Balated appeal against quantum filed on 22-3-1993 Appeal not admitted and dismissed as barred by limitation 22-5-1996 Penalty imposed on 30-9-1996 3. The assessee's contention is that the time-limit for passing order of penalty has expired on 31st Jan., 1992, being 6 months from the end of the month in which the proceedings were initiated on 2nd July, 1991. The extended period of limitation in the case of filing of the appeal, it is submitted, was not available to the Department as the first time-limit of 6 months had already expired on 21st Jan., 1992 and the appeal was filed belatedly much after the date on 22nd March, 1993, and that too was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e expiry of the financial year in which the proceedings, in the course of which action for the exposition 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." 5. Learned Departmental Representative contended that since the assessment was the subject-matter of appeal under s. 246 of the Act, the time-limit as prescribed under cl. (c) would apply and, therefore, the order having been passed on 22nd May, 1996, the period of limitation of 6 months from the end of the month in which the order was passed expired on 30th Sept., 1996, and therefore, the penalties imposition on 30th Sept., 1996, was within time. It is further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Circular referred to above. Clause (a), therefore, would not come into play. It is cl. (c) which would come into play in the present case and that provides that no penalty can be levied after the expiry of the financial year in which the proceedings, in the course of which action for imposition of penalty has been initiated are completed or six months from the end of the month in which the action for imposition of penalty was initiated, whichever period expired later. Penalty proceedings were initiated on or before 2nd July, 1991, when the assessment was completed and, therefore, the last date for imposition of penalty would be 31st Jan.,1992, being later of the two terminous i.e., 31st March, 1992, being the end of the financial year and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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