Supreme Court: Rape Conviction Possible Without S.376 Charge if POCSO Case Fails on Age Proof  ||  SC: Mere Long Possession Can't Establish Adverse Possession; Hostile Intent is Required  ||  Supreme Court Finds Gaps in FSSAI’s Proposed Warning Labels for Foods High in Fat, Sugar and Salt  ||  Supreme Court Quashes ITS Officer's 'Deadwood' Retirement, Orders Rs. 15 Lakh Payment  ||  Uttarakhand HC: District Magistrate to Establish Public Helpline within 24 Hrs amid Water Pollution  ||  Allahabad HC: Custodial Violence and Molestation Are Crimes, Not Police Duty  ||  Gujarat High Court: Bombay Public Trust Registration is Covered by Section 43 of the Waqf Act  ||  J&K&L HC: Advocates not Above Law, No Immunity from Lawful Police Inquiry  ||  Gauhati HC: Talaq-e-Hasan Valid, Requires Registration under Assam Marriage Act  ||  NCLAT: NCLT President Empowered to Transfer Cases from One Bench to Another    

AOs to not issue penalty notices under Sections 271D,E of IT Act- (Ministry of Finance ) (26 Apr 2016)

MANU/DTCR/0012/2016

Direct Taxation

The Central Board of Direct Taxes set forth a “Departmental View” to assuage conflicting notions on the limitation for imposition of penalty under Section 271D and 271E of the Income Tax Act 1961. Confusion prevail over whether such penalties commenced at the level of the Assessing Officer or from the Joint/Additional Commissioner of Income Tax. The Board clarified that Assessing Officers are not empowered to impose such penalties.

It accepted the ruling of the Kerala High Court in a 2015 case in which it determined that penalty proceedings could only be initiated by the Joint Commissioner, with the Assessing Officer unable to do so. If the AO’s assessment order was taken as the point of initiation of initiation of penalty, the same would be inconsequential, and proceedings thereupon would be redundant.

The CBDT’s “view” may be scripture for officers of the Department, but whether High Courts ascribe to the same remains to be seen.

Relevant : Limitation for penalty proceedings under sections 271D and 271E MANU/DTCR/0013/2016

Tags : INCOME TAX   PENALTY NOTICE   LIMITATION  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved