Penalty

This query is : Resolved

Querist : Anonymous

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.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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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.

Querist : Anonymous

Querist : Anonymous (Querist)

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

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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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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