India - Income Tax Act 2010 - Saarc

1.925 CH. XXI - PENALTIES IMPOSABLE S. 27587[(3) An income-tax authority on making an order under this Chapter imposinga penalty, unless he is himself the Assessing Officer, shall forthwith send a copyof such order to the Assessing Officer.]88[Bar of limitation for imposing penalties.275. 89 [(1)] No order imposing a penalty under this Chapter shall be passed—90[(a) in a case where the relevant assessment or other order is the subjectmatterof an appeal to the 91 [***] Commissioner (Appeals) undersection 246 92 [or section 246A] or an appeal to the Appellate Tribunalunder section 253, after the expiry of the financial year in which theproceedings, in the course of which action for the imposition ofpenalty has been initiated, are completed 93 , or six months from theend of the month in which the order of the 94 [***] Commissioner(Appeals) or, as the case may be, the Appellate Tribunal is received bythe Chief Commissioner or Commissioner, whichever period expireslater :95[Provided that in a case where the relevant assessment or otherorder is the subject-matter of an appeal to the Commissioner (Appeals)under section 246 or section 246A, and the Commissioner(Appeals) passes the order on or after the 1st day of June, 2003disposing of such appeal, an order imposing penalty shall be passedbefore the expiry of the financial year in which the proceedings, in thecourse of which action for imposition of penalty has been initiated,are completed, or within one year from the end of the financial yearin which the order of the Commissioner (Appeals) is received by theChief Commissioner or Commissioner, whichever is later;](b) in a case where the relevant assessment or other order is the subjectmatterof revision under section 263 95 [or section 264], after the expiryof six months from the end of the month in which such order ofrevision is passed;(c) in any other case, after the expiry of the financial year in which theproceedings, in the course of which action for the imposition ofpenalty has been initiated, are completed, or six months from the end87. Substituted by the Taxation Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Prior to itssubstitution, sub-section (3) was substituted by the Finance (No. 2) Act, 1977, w.e.f.10-7-1978.88. Substituted by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971.89. Renumbered by the Direct Tax Laws (Second Amendment) Act, 1989, w.e.f. 1-4-1989.90. Substituted for clauses (a) and (b) by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.1-4-1989. Prior to its substitution, clause (a) was amended by the Finance (No. 2) Act, 1977,w.e.f. 10-7-1978.91. Words “Deputy Commissioner (Appeals) or the” omitted by the Finance (No. 2) Act, 1998,w.e.f. 1-10-1998.92. Inserted by the Finance Act, 2000, w.e.f. 1-6-2000.93. For the meaning of term “completed”, see Taxmann’s Direct Taxes Manual, Vol. 3.94. Words “Deputy Commissioner (Appeals) or the” omitted by the Finance (No. 2) Act, 1998,w.e.f. 1-10-1998. Earlier the quoted words were inserted by the Direct Tax Laws (Amendment)Act, 1989, w.e.f. 1-4-1989.95. Inserted by the Finance Act, 2003, w.e.f. 1-6-2003.