Appeal against order of penalty u/s 272 a(2)

This query is : Resolved

Radhakrishnan K.V. (Querist)
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07 October 2014 Joint Commissioner (Intelligence) imposed penalty u/s 272 A(2) on a Co-operative Bank for the failure to furnish information of depositors called for by the ITO (intelligence) u/s 133(6). The demand notice issued by the JC states that the appeal on his order is to be filed before ITAT within 60 days as per provisions of Part B of Chapter XX of the Act. Is this instruction correct? Does not the first appeal against an order u/s 272 A(2) lie with the Commissioner (Appeals)?

Nikhil Kaushik

Nikhil Kaushik (Expert)
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08 October 2014 you dont have to worry about the instructions. 272A is covered under section 246. So you can file appeal with CIT(A)

Radhakrishnan K.V.

Radhakrishnan K.V. (Querist)
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08 October 2014 Thank you. Then what could be the reason for such an instruction? By mistake or ignorance of law?
100s of Co-operative Banks in Kochi are receiving demand notices with such wrong instruction.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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08 October 2014 appears to be a mistake. it seems JC is referring to section 253(3) whereas the correct section should have been 246.

however, before arriving at a conclusion, just check the whole set of proceedings for your client.