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Section 275 of the Income-tax Act, 1961 - Penalty - For bar of limitation for imposition - Assessment year 1986-87 Where assessee had filed appeal before Tribunal and also written a letter seeking deferment of penalty proceedings till appeal was decided and, on request of assessee, proceedings were deferred and penalty proceedings were initiated after order of Tribunal, assessee could not take plea thereafter that penalty proceedings were time-barred [In favour of revenue] Where the assessee had filed appeal before the Tribunal and also written a letter seeking deferment of penalty proceedings till the appeal was decided and on the request of the assessee, the proceedings were deferred and penalty proceedings were initiated after the order of the Tribunal : Held that, the assessee could not be heard to say that filing of appeal should be ignored. In these circumstances the assessee could not take the plea that the penalty imposed after six months from the date of receipt of the order of the appellate authority was time-barred. Rajiv Sharma for the Appellant. Rajesh Katoch for the Respondent. JUDGMENT Adarsh Kumar Goel, J. - The assessee has preferred this appeal under section 260A of the Income-tax Act, 1961 (in short, "the Act") against the order dated August 18, 2008, passed by the Income-tax Appellate Tribunal, Chandigarh "A" Bench in M. A No. 158/Chd/2007 arising out of its own order dated April 9, 2007, in I. T. A. No. 766/Chd/2007, for the assessment year 1986-87, proposing to raise the following substantial questions of law : " (i) Whether, on the facts and in the circumstances of the case, the Tribunal has fallen in error in holding that the penalty imposed by the Assessing Officer has not become barred by time limitation despite there being bar under section 275(1) (a) of Income-tax Act, 1961, that no penalty can be imposed after the expiry of six months from the end of the month in which the order of the Commissioner of Income-tax (Appeals) is received by the Commissioner of Income-tax ? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal has fallen in error in holding that since the quantum appeal was pending before the…

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