Section 275:
Bar of limitation for imposing penalties.
1,2
(1) No order imposing a penalty under this
Chapter shall be passed—
3
(a) in a case where the relevant assessment or other order is the subject-matter of an appeal to
the 4
*** Commissioner (Appeals) under section 246 5
or section 246A 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 has been initiated, are completed, or six months
from the end of the month in which the order of the 4
*** Commissioner (Appeals) or, as the case may
be, the Appellate Tribunal is received by the 6
Principal Chief Commissioner or Chief Commissioner
or 7
Principal Commissioner or Commissioner, whichever period expires later:
8
Provided that 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 6
Principal Chief Commissioner or Chief Commissioner or 7
Principal Commissioner or
Commissioner, whichever is later;
(b) in a case where the relevant assessment or other order is the subject-matter of revision
under section 263 8
or section 264, after the expiry of six months from the end of the month in which
such order of revision is passed;
(c) in any other case, after the expiry of the financial year in which the proceedings, in the course
of which action for the imposition of penalty has been initiated, are completed, or six months from
the end of the month in which action for imposition of penalty is initiated, whichever period expires
later.
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(1A) 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 or an appeal to the Appellate Tribunal
under section 253 or an appeal to the High Court under section 260A or an appeal to the Supreme Court
under section 261 or revision under section 263 or section 264 and an order imposing or enhancing or
reducing or cancelling penalty or dropping the proceedings for the imposition of penalty is passed before
the order of the Commissioner (Appeals) or the Appellate Tribunal or the High Court or the Supreme
Court is received by the 6
Principal Chief Commissioner or Chief Commissioner or the 7
Principal
Commissioner or Commissioner or the order of revision under section 263 or section 264 is passed, an
order imposing or enhancing or reducing or cancelling penalty or dropping the proceedings for the
imposition of penalty may be passed on the basis of assessment as revised by giving effect to such order of the Commissioner (Appeals) or, the Appellate Tribunal or the High Court, or the Supreme Court or
order of revision under section 263 or section 264:
Provided that no order of imposing or enhancing or reducing or cancelling penalty or dropping the
proceedings for the imposition of penalty shall be passed—
(a) unless the assessee has been heard, or has been given a reasonable opportunity of being heard;
(b) after the expiry of six months from the end of the month in which the order of the
Commissioner (Appeals) or the Appellate Tribunal or the High Court or the Supreme Court is
received by the 10
Principal Chief Commissioner or Chief Commissioner or the 11
Principal
Commissioner or Commissioner or the order of revision under section 263 or section 264 is passed:
Provided further that the provisions of sub-section (2) of section 274 shall apply in respect of the
order imposing or enhancing or reducing penalty under this sub-section.
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(2) The provisions of this section as they stood immediately before their amendment by the Direct
Tax Laws (Amendment) Act, 1987 (4 of 1988), shall apply to and in relation to any action initiated for the
imposition of penalty on or before the 31st day of March, 1989.
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Explanation.—In computing the period of limitation for the purposes of this section,—
(i) the time taken in giving an opportunity to the assessee to be reheard under the proviso to
section 129;
(ii) any period during which the immunity granted under section 245H remained in force; and
(iii) any period during which a proceeding under this Chapter for the levy of penalty is stayed by
an order or injunction of any court,
shall be excluded.
Notes:
1. Subs. by Act 42 of 1970, s. 50, for section 275 (w.e.f. 1-4-1971).
2. Section 275 renumbered as sub-section (1) thereof by Act 36 of 1989, s. 26 (w.e.f. 1-4-1989).
3. Subs. by Act 4 of 1988, s. 116, for clauses (a) and (b) excluding the Explanation (w.e.f. 1-4-1989).
4. The words and brackets “Deputy Commissioner (Appeals) or the” omitted by Act 21 of 1998, s. 65 (w.e.f. 1-10-1998).
5. Ins. by Act 10 of 2000, s. 70 (w.e.f. 1-6-2000).
6. Subs. by Act 25 of 2014, s. 4, for “Chief Commissioner” (w.e.f. 1-6-2013).
7. Subs. by s. 4, ibid., for “Commissioner” (w.e.f. 1-6-2013).
8. Ins. by Act 32 of 2003, s. 96 (w.e.f. 1-6-2003).
9. Ins. by Act 29 of 2006, s. 18 (w.e.f. 13-7-2006).
10. Subs. by Act 25 of 2014, s. 4, for “Chief Commissioner” (w.e.f. 1-6-2013).
11. Subs. by s. 4, ibid., for “Commissioner” (w.e.f. 1-6-2013).
12. Ins. by Act 36 of 1989, s. 26 (w.e.f. 1-4-1989).
13. Subs. by Act 41 of 1975, s. 66, for the Explanation (w.e.f. 1-1-1976).