IT Act 1961 274 — Procedure

Income-tax Act, 1961

Statutory text

(1) No order imposing a penalty under this Chapter shall be made unless the assessee has been heard, or has been given a reasonable opportunity of being heard. [ (2) No order imposing a penalty under this Chapter shall be made—

(a) by the Income-tax Officer, where the penalty exceeds ten thousand rupees;

(b) by the [Assistant Commissioner or Deputy Commissioner], where the penalty exceeds twenty thousand rupees, except with the prior approval of the [Joint Commissioner]. [ (3) An income-tax authority on making an order under this Chapter imposing a penalty, unless he is himself the Assessing Officer, shall forthwith send a copy of such order to the Assessing Officer.] 8. Subs by Act 18 of 2005, s. 61, for “section 271FA” (w.e.f. 1-4-2006). 20. Subs by s. 3, ibid, for “Deputy Commissioner” (w.e.f. 1-10-1998).

Back to IT Act 1961