Facts of the
Case
The Revenue filed an appeal challenging the order
of the Income Tax Appellate Tribunal (ITAT), which upheld the decision of the
Commissioner of Income Tax (Appeals) [CIT(A)].
The case arose from alleged violations of Section
269SS, where the assessee, Thapar Homes Ltd., was accused of accepting
loans/deposits from 29 parties amounting to ₹16.69 crore. This led to additions
under Sections 68 and 69C.
Penalty proceedings were initiated under Sections 271D, 271E, and 271AAA. However, the CIT(A) ruled that the penalty order dated 30.12.2011 was barred by limitation, a finding later affirmed by the ITAT.
Issues
Involved
- Whether the penalty order passed under Sections 271D/271E was time-barred
under Section 275(1)(c).
- Whether the limitation period could be extended based on the date
of notice issued by a competent authority (ACIT/JCIT).
- Whether the Assessing Officer’s initiation of penalty proceedings affects limitation computation.
Petitioner’s
Arguments (Revenue)
- The Revenue contended that the Assessing Officer (AO) was not
competent to impose penalty under Section 271E(2); only the ACIT
had such authority.
- Therefore, limitation should start from the date when the ACIT
issued notice (13.06.2011).
- Based on this interpretation, the limitation expired on 31.12.2011, making the penalty order dated 30.12.2011 valid and within time.
Respondent’s
Arguments (Assessee)
- The assessee argued that the limitation period must be computed
from the date of initiation of penalty proceedings during assessment.
- The financial year ended on 31.03.2011, and six months from
initiation expired on 30.06.2011.
- Since the penalty order was passed on 30.12.2011, it was clearly time-barred.
Court’s
Findings / Order
- The limitation under Section 275(1)(c) cannot be extended
artificially by delaying issuance of notice.
- Accepting Revenue’s argument would lead to absurdity,
allowing authorities to extend limitation at their discretion.
- The relevant limitation expired on 30.06.2011, whereas the
penalty order was passed on 30.12.2011, making it invalid.
- The issue was already settled in a prior judgment involving the same assessee
Important
Clarifications by Court
- Limitation begins from initiation of penalty proceedings,
not from issuance of notice by a higher authority.
- Authorities cannot manipulate limitation periods by delaying
procedural steps.
- The statutory timeline under Section 275(1)(c) must be strictly
adhered to.
- Prior approval or involvement of higher authority does not shift
the limitation trigger.
- 275(1)(c).
Link to download the order - https://delhihighcourt.nic.in/app/showFileJudgment/60814122023ITA7632023_174205.pdf
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