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[E] Time limits of commencement and completion of Penalty proceedings (Section 275)

 

This section prescribes time limits both for commencement and for completion of penalty proceedings. No order imposing a penalty under this chapter shall be passed

(a)       In a case where the relevant assessment or order is the subject-matter of an appeal to the Commissioner (Appeals) under Section 246 or an appeal to the Appellate Tribunal under Section 253 after the expiry of the financial year in which the proceedings, in the course of which action for the imposition of penalty been initiated, are completed or six months from the end of the month in which the order of the Commissioner (Appeals) or as the case may he, the Appellate Tribunal is received by the Chief Commissioner or the Commissioner whichever period expires later.

In a case where the relevant assessment or other order is the subject matter of an appeal to the Commissioner (Appeals) under section 246 or section 246A, and the Commissioner. (Appeals) passes the order on or after the 1st day of June 2003 disposing of such appeal, an order imposing penalty shall be passed before the expiry of the financial year in which the proceedings, in the course of which action for imposition of penalty has been initiated, are completed, or within one year from the end of the financial year in which the order of the Commissioner (Appeals) is received by the Chief Commissioner or Commissioner, whichever is later.

Above-mentioned legal language can be expressed simply as below

After the expiry of two years from the date of completion of the proceedings, in the course whereof the penalty proceedings were initiated, or six months from the end of the month in which the order of the Appellate Tribunal is received by the Commissioner, which period expires later no order imposing a penalty can be passed :

(b)       in any other case after the expiry of 2 years from the end of the financial year in which the proceedings, in the course of which action for imposition of penalty has been initiated, are completed.

While calculating the above periods of limitation the following period shall be excluded

  1. The time taken in giving an opportunity to the assessee to be heard under Section 129;
  2. Any period during which the immunity granted under Section 145 H remained in force; and
Any period during which proceedings under this chapter for the levy of penalty are stayed by an order or injunction of any court.
 
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