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1 - 10 of 16 (0.35 seconds)The Income Tax Act, 1961
Section 275 in The Income Tax Act, 1961 [Entire Act]
Section 274 in The Income Tax Act, 1961 [Entire Act]
Section 120 in The Income Tax Act, 1961 [Entire Act]
C.I.T.Udaipur vs Jitendra Singh Rathore on 10 January, 2013
8.5 Admittedly, penalty proceedings u/s 272A(2)(c) was initiated on
12.8.2014 by issuance of notice u/s 274 of the I T Act and the order imposing
penalty u/s 272A(2)(c) was passed on 19.9.2014. Therefore, the penalty order
is well within the time limit prescribed u/s 275(1)(c ) of the Act. The Judgment of
the Hon'ble Rajasthan High Court, relied on by the ld AR of the assessee, in the
case of CIT vs Sri Jithendra Singh Rathore, is not applicable to the facts of the
instance case. In the case considered by the Hon'ble Rajasthan High Court the
penalty proceedings u/s 271D was initiated by issuing notice on 25.3.2003 and
the penalty order was passed only on 30.9.2003 by which time, six months
period mentioned u/s 275(1)(c ) had already expired. The contention of the ld
AR that notice issued u/s 133(6) should be reckoned for considering the time
limit u/s 275(1)( c) of the Act is de-void of any merits; because Section 275(1)(
Section 273B in The Income Tax Act, 1961 [Entire Act]
The Amarambalam Service Co-Op.Bank Ltd vs The Income Tax Officer(Cib) on 12 July, 2010
15 I.T.A. 473/C/2015 & other ( 20 appeals)
8.2 In the instant case, notice u/s 133(6) of the Act was issued by the ITO
(Intelligence) after obtaining necessary approval from the Director of Income
Tax (Intelligence). The Hon'ble Supreme Court in the case of Kathiroor Service
Co-op Bank Ltd vs CIT (CIB) & others, reported in 360 ITR 243 have considered
an identical case and decided that the ITO(CIB) has power to issue notice u/s
133(6) of the I T Act. The relevant findings of the Hon'ble Supreme Court, read
as follows:
The Finance Act, 2018
Surat District Co-Operative Bank Ltd. ... vs Income Tax Officer And Ors. on 20 November, 2002
4. It is most respectfully submitted that penalty proceedings was initiated on the
basis of notices issued by none of the authorities mentioned in Section 133(6) of
the Income Tax Act 1961. Whether there is an authorization to Act and
issue notice by Income Tax Officer(Intelligence) u/s. 2(7) a read with
S.120? Here the Income Tax Officer(Intelligence) who issued the notices does
not belong to any of the authorities mentioned in the Section. We reproduce the
observation made by Hon'ble Apex Court in the judgment Kathiroor Service Co-
operative Bank Ltd. and others vs. Commissioner of Income Tax and others
[(2013) 263 CTR (SC) 129] below: