VIDYA GLOBAL SCHOOL,MEERUT vs. JCIT(INTERNATIONAL TAXATION), NOIDA
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The ITAT held that penalty orders passed under Section 271C by the Joint Commissioner are not appealable before the Tribunal. The correct forum for appeal is the Commissioner of Income-Tax (Appeals) as per Section 246A(1)(n).
What were the facts?
The assessee filed appeals directly before the Income Tax Appellate Tribunal (ITAT) challenging penalty orders passed under Section 271C(1)(a) for three assessment years. The assessee bypassed the first appellate authority, the Commissioner of Income-Tax (Appeals).
What were the issues?
The primary issue was the maintainability of the appeals before the ITAT, as the assessee had not exhausted the statutory remedy of appeal before the Commissioner (Appeals).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘F’ NEW DELHI
Before: SHRI SAKTIJIT DEY & DR. BRR KUMAR
Heard together (3 matters)
Read from the judgment's own cause title. This page is filed under one of them.
ORDER PER SAKTIJIT DEY, JUDICIAL MEMBER:
Captioned appeals have been filed by the same assessee, challenging the orders passed imposing penalty under Section 271C(1)(a) of the Income-Tax Act, 1961 for the assessment years 2014-15 to 2016-17.
We have heard the parties and perused the material available on record.
At the very outset, it is observed, present appeals have been filed by the assessee against orders dated 07.01.2019 passed by the Joint Commissioner of Income-Tax, International Taxation, Range-Noida, imposing penalty under Section 271C(1)(a) of the Act for three separate assessment years, as noted above. Thus, undisputedly, assessee has directly come before Tribunal against the penalty orders passed by the Joint CIT. The aforesaid factual position was not disputed by learned counsel appearing for the assessee.
On a careful reading of Section 253 of the Act, we are convinced that penalty order passed under Section 271C of the Act by the Joint CIT is not an appealable order before the Tribunal. Whereas, section 246A(1)(n) provides a remedy by way of appeal before learned Commissioner of Income-Tax(Appeals).
Thus, it is a fact on record that bypassing the first appellate forum, the assessee has directly came in appeal before the Tribunal.
Therefore, prima facie, the present appeals are not maintainable.
Accordingly, appeals are dismissed.
Having held so, we grant liberty to the assessee to file appeals before the learned Commissioner (Appeals), if so advised. In case, the assessee files the appeals before the first appellate authority, he may do well to condone the delay in filing the appeals, considering the fact that appeals were filed before a wrong forum. More so, when the orders passed under Section 201(1)/201(IA), which led the imposition of penalty under Section 271C of the Act, in the meanwhile, have been quashed by the Tribunal.
In the result, all the appeals are dismissed.
Order pronounced in the open court on 14th July, 2022.
More judgments on Section 271C
- Sbi, (Erstwhile Sbbj), Baran vs ITO (TDS), KotaITA 143/JPR/2026[2017-18]Status: Disposed13 Oct 2026AY 2017-18
- Jagadish Panchal, Udaipur vs Additional Commissioner of Income Tax…ITA 314/JODH/2024[2016-17]Status: Disposed29 Sept 2026AY 2016-17
- Teampumkin Corporation, Mumbai vs Income Tax Officer (TDS)-2(3)(2), MumbaiITA 5318/MUM/2026[2018-19]Status: Disposed22 Sept 2026AY 2018-19
- Teampumkin Corporation, Mumbai vs Income Tax Officer (TDS)-2(3)(2) Mumbai…ITA 5281/MUM/2026[2019-20]Status: Disposed22 Sept 2026AY 2019-20
- Azure Green Tech Private Limited, Delhi vs Deputy Commissioner of Income Tax, Circle…ITA 6199/DEL/2026[2021-22]Status: Disposed21 Sept 2026AY 2021-22
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