Penalty u/s 220(2), 276c

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Querist : Anonymous

Querist : Anonymous (Querist)

15 June 2012 Can penalty u/s 220(2), 276C etc.be initiated for non payment of tax along with return of income, before completion of assessment u/s 143(3)?

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Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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16 June 2012 i)Penalty u/s 220(2) can be initiated before completion of assessment u/s 143(3)of the Income tax Act,1961. This is inferred as a corollary to the proviso of section 156 of the said act.
ii) There is no impediment in law to proceed with 271C during the pendency of any other proceedings since prosecution is an independent proceedings.

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