Penalty

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Querist : Anonymous

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Querist : Anonymous (Querist)
13 October 2012 if assmnt order u/s 143(3)/144 is pending under appeal can penalty iniated u/s 271(1)(b)in assmnt order be levied before diposal of appeal.

14 October 2012 Penalty proceedings can be initiated while appeal is the pending since the act does not contemplate initiation of penalty only on the completion of assessment.

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Querist : Anonymous

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14 October 2012 i agree that it can be initiated but what about final levy, can a final 271(1)(b) penalty order be passed b4 disposal of appeal wrt the assmnt order

15 October 2012 Penalty order can't be passed by the assessing officer while the appeal is pending . This as a corollary to section 275(1)(a) of the income tax Act,1961.


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