Procedure for penalty

whether an AO can levy penalty u/s 271B, 271(1)(c), 270 A, etc.when penalty was not mentioned in assessment order or when it was not initiated with assessment order, however it was mentioned in asst order... pls discuss in both situation. pls quote section as well
Replies (2)
Quick Summary
This discussion clarifies when an Assessing Officer (AO) can impose penalties under various sections like 271B, 271(1)(c), and 270A. It distinguishes between penalties that must be initiated during or before assessment completion (like 271 and 270A) and those that can be initiated afterwards (like 271B). The importance of issuing a separate show cause notice for penalty proceedings is highlighted, although specific wording in the assessment order can sometimes be considered as initiation.

Penalty proceedings under 271 and 270A required to be initiated before completion or at the time of completion of assessment proceeding. penalty proceedings under 271B can be initiated even after completion of assessment proceeding. separate show cause notice required to be issued for penalty proceedings. however incorporating the wording "penalty proceedings under section 271 /270A/271B initiated separately " tantamount to penalty proceedings deemed to be initiated

As per section 271B penalty provision for failure to get accounts audited, the penalty shall be paid after AO issue show cause notice then if he satisfies the reason you communicate then no penalty shall be paid otherwise it shall be payable

 

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