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.
9 (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.
12 (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.
13 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.
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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).
Section 273 False estimate of, or failure to pay, advance tax
Section 273A Power to reduce or waive penalty, etc., in certain cases
Section 273AA Power of Principal Commissioner or Commissioner to grant immunity from penalty
Section 273B Penalty not to be imposed in certain cases
Section 275 Bar of limitation for imposing penalties
Section 275A Contravention of order made under sub-section (3) of section 132
Section 275B Failure to comply with the provisions of clause (iib) of sub-section (1) of section 132
Section 276 Removal, concealment, transfer or delivery of property to thwart tax recovery