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Income Tax Appellate Tribunal, JODHPUR BENCH, JODHPUR
Before: SHRI B. R. BASKARAN & Dr. S. SEETHALAKSHMI
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.
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.
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.
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.
In the result, the appeal filed by the Revenue is dismissed. Order pronounced in the open Court on 20 /01/2023