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Scrutiny case fy2009-2010

Notices & Assessments 503 views 1 replies

I am a salaried employee and there was a cash credits in my account in April-2009 and hence my case was selected for scrutiniy.
Although I have furnished the sources of cash credits in my bank account, it was not satifactorily accepted by AO and hence AO passed the order of tax amounting Rs. 5,00,000/- AO also have charged interest and hence total tax demand for me is around 6.87 laks.
Now, my case is in appeal and I have paid 50% of the amount of tax demand and obtained stay for remaining 50% amount.

I have following question:

1. If the appeal result is against me, then do I have to pay interest on my remaining 50% amount? (Interest for the period of stay)

2. AO also have initiated penalty proceedings under section 271(c). So, if I have to pay the 100% penalty then I want to ask what will be my penaly amount. It will be including interest or it will be only as much as tax demanded i.e. 5 laks or 6.87 laks?

3. My case for FY 2009-2010. I had received first notice in the Sept-2010 and AO had passed the order in Dec-2012 and I have filed appeal in Jan-2013. By when I can expect appeal authority to give me the result?

Replies (1)

1.Interest under sec 220(2) shall be chargeable since interest runs if the tax demanded is not paid within 30 days from demand notice u/s 156.So even period of stay will be termed as period of default, so int for the said period will be levied.

2.Penalty is always chargeable only on tax soufgt to be evaded , the tax doesnot include interest.

3.Apellate authority is generally required to dispose of appeal withjin 180 days wherever possible....but no strict time period so it may take more than 180 days also.....


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