Madras HC: Police Superintendent not Liable For IO’s Delay In Filing Chargesheet or Closure Report  ||  Supreme Court: Provident Fund Dues Have Priority over a Bank’s Claim under the SARFAESI Act  ||  SC Holds Landowners Who Accept Compensation Settlements Cannot Later Seek Statutory Benefits  ||  Supreme Court: Endless Investigations and Long Delays in Chargesheets Can Justify Quashing  ||  Delhi HC: Arbitrator Controls Evidence and Appellate Courts Cannot Reassess Facts  ||  Delhi HC: ED Can Search Anyone Holding Crime Proceeds, not Just Those Named in Complaint  ||  Delhi HC: ED Can Search Anyone Holding Crime Proceeds, not Just Those Named in Complaint  ||  Delhi HC: Economic Offender Cannot Seek Travel Abroad For Medical Treatment When Available In India  ||  SC: Governors and President Have No Fixed Timeline To Assent To Bills; “Deemed Assent” is Invalid  ||  SC: Assigning a Decree For Specific Performance of a Sale Agreement Does Not Require Registration    

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 2025 - All Rights Reserved