ITO (TDS), UDAIPUR vs. M/S. ICICI BANK LTD., UDAIPUR

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ITA 385/JODH/2019Status: DisposedITAT Jodhpur20 January 2023AY 2011-123 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the tax effect was below the prescribed monetary limit and no exceptions were shown. Therefore, the Revenue was precluded from pursuing the appeal.

What were the facts?

The Revenue appealed against the CIT(A)'s order deleting a penalty. The tax effect in the appeal was below the monetary limit prescribed by CBDT circulars.

What were the issues?

Whether the Revenue's appeal should be dismissed in limine due to low tax effect, as per CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 272A(2)(k)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JODHPUR BENCH, JODHPUR

Before: SHRI B. R. BASKARAN & Dr. S. SEETHALAKSHMI

For Respondent: Ms. Nidhi Nair, JCIT-DR

O R D E R PER: B. R. BASKARAN, AM

The Revenue has filed this appeal challenging the order dated 7-08-2019 passed by the ld. CIT(A)-1, Udaipur for the assessment year 2011-12.

2.

None appeared on behalf of the assessee when the case was called out for hearing. On examination of the issue urged by the revenue, the Bench decided to proceed to dispose of the appeal of the assessee ex-parte on merit.

3.

In this appeal, the Revenue is aggrieved by the decision of ld. CIT(A) in deleting the penalty of Rs.40,200/-levied u/s 272A(2)(k) of the Income Tax Act, 1961.

4.

We heard the ld. DR and perused the record. We noticed that the tax effect involved in this appeal is less than the monetary limit as prescribed by the CBDT in its Circular No. 17/2019 dated 8th Aug. 2019. Accordingly, Revenue is precluded from pursuing this appeal unless it is shown that the issue contested in this appeal is falling under any of the exceptions provided in the Circular. It was not shown to us that the issue contested in this appeal falls under any of the exceptions prescribed under the Circular. Accordingly, we dismiss the appeal of the Revenue in limine. However, liberty is given to the Revenue to seek recalling of this order if found necessary to do so. Thus the appeal of the Revenue is dismissed.

5.

In the result, the appeal filed by the Revenue is dismissed. Order pronounced in the open Court on 20 /01/2023

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