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| The Tax Publishers2020 TaxPub(DT) 0948 (SC) : (2020) 272 TAXMAN 0185 INCOME TAX ACT, 1961
Section 261 Section 271(1)(c)
Where the department preferred SLP to appeal against the judgment of Delhi High Court in Pr. CIT v. Indian Sugar Exim Corporation Ltd. [ITA No. 1443/2018, dt. 22-7-2019] : 2019 TaxPub(DT) 5968 (Del-HC), whereby the High Court held that Tribunal followed High Court's decision in the case of Odeon Builders (P) Ltd. v. Pr. CIT (2017) 393 ITR 27 (Del) : 2017 TaxPub (DT0 902 (Del-HC) and held that for the purposes of the penalty order under section 271(1)(c) read with section 275(1)(a), the limitation begins to run from the date of the order of the Tribunal served upon the CIT (Judicial) and consequently, there was no error in order of Tribunal having followed the said decision to hold the penalty order in the subject case to be barred by limitation, the Supreme Court dismissed the SLP.
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Appeal (Supreme Court) - Special leave petition - Penalty under section 271(1)(c) - Leviability--Order levying penalty being passed after expiry of limitation period under section 275(1)(a)
Department preferred SLP to appeal against the judgment of Delhi High Court in Pr. CIT v. Indian Sugar Exim Corporation Ltd. [ITA No. 1443/2018, dt. 22-7-2019] : 2019 TaxPub(DT) 5968 (Del-HC), whereby the High Court held that Tribunal followed High Court's decision in the case of Odeon Builders (P) Ltd. v. Pr. CIT (2017) 393 ITR 27 (Del) : 2017 TaxPub (DT0 902 (Del-HC) and held that for the purposes of the penalty order under section 271(1)(c) read with section 275(1)(a), the limitation begins to run from the date of the order of the Tribunal was served upon the CIT (Judicial) and consequently, there was no error in order of Tribunal having followed the said decision to hold the penalty order in the subject case to be barred by limitation. Held: The Supreme Court dismissed the SLP.
REFERRED :
FAVOUR : SLP dismissed.
A.Y. :
IN THE SUPREME COURT OF INDIA
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