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CMA Final · Direct Tax Laws and International Taxation · Penalties and Prosecutions

Under section 512, the Central Government wishes to publish particulars of a penalty imposed on an assessee in public interest. When may it publish the penalty?

Publication of a penalty is allowed only after the time to appeal under section 356 or 357 has expired without an appeal, or, if an appeal was filed, after it has been disposed of, as section 512(2) provides.

  1. AImmediately after the penalty order is passed
  2. BOnly after the time for appeal under section 356 or 357 has expired with no appeal filed, or any appeal filed has been disposed ofCorrect
  3. COnly after the penalty is fully paid
  4. DOnly after the assessee is convicted by a court

Explanation

Section 512(2) bars publication for a penalty until the appeal period has expired without an appeal, or an appeal filed has been disposed of. Immediate publication is therefore not allowed, and payment or conviction is not the stated condition.

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