Case Law Details
ITO (TDS) Vs Hadpawat Enterprises (P) Ltd. (ITAT Jodhpur)
From a plain reading of second proviso to Section 272A(2) which is inserted by the Finance Act, 2012 w.e.f. 01-07-2012, it is clear that penalty under clause (k) of Section 272(A)(2) cannot be levied on or after the 1st Day of July, 2012. In the instant case, the penalty order is dated 04-03-2013 and therefore, is in violation of the provisions of the Act The order is passed beyond the period stipulated by the Act and is time-bared therefore liable to be quashed on this ground alone Thus, without going into the other arguments of the appellant, the penalty order is quashed and the penalty imposed at 40,600/- is deleted.
FULL TEXT OF THE ORDER OF ITAT JODHPUR
This is an appeal filed by the Revenue against the order of the ld. CIT(A)-1, Udaipur dated 07-08-2019 for the assessment year 2011-12 raising therein following grounds of appeal:-
Please become a Premium member. If you are already a Premium member, login here to access the full content.
