THE ITO, WARD-5(2), AHMEDABAD vs. M/S. PASL WINDTECH PVT. LTD., AHMEDABAD

PDF · subscribers
ITA 2093/AHD/2014Status: DisposedITAT Ahmedabad29 January 2019AY 2008-092 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal. This was based on the concession by the Departmental Representative that the tax effect involved in the appeal was below the threshold of Rs. 20 lakhs.

What were the facts?

The Assessing Officer appealed against the CIT(A)'s order deleting a penalty. The assessee's counsel pointed out that the reduced penalty amount was less than Rs. 20 lakhs, making the appeal not maintainable.

What were the issues?

Maintainability of the Revenue's appeal due to low tax effect. Whether the appeal is liable to be dismissed on the grounds of tax effect being below the prescribed limit.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “A” BENCH, AHMEDABAD

Per Pramod Kumar, Vice President:

1.

By way of this appeal, the Assessing Officer has challenged correctness of the order dated 25th April 2014 passed by the learned CIT(A), Ahmedabad, deleting penalty of Rs.29,68,624/- imposed under section 271(1)(c) of the Income Tax Act, 1961 for the assessment year 2008-09.

2.

When this appeal was called out for hearing, ld. Counsel for the assessee invited our attention to the appeal effect order dated 17.08.2015 whereby quantum of penalty stands reduced to Rs.16,06,853/-. He submits that in view of the fact that the relief now in challenge before the Tribunal is less than Rs.20.00 lakhs, the present appeal filed by the Revenue is not maintainable and hence liable to be dismissed.

ITA No.2093/Ahd/2014 ITO vs. PASL Windtech Pvt Ltd Assessment year: 2008-09 Page 2 of 2 3. Learned Departmental Representative does not oppose the submissions made by the ld. counsel for the assessee and fairly accepts that that the tax effect involved in the present appeal is less than Rs.20 lakhs.

4.

In the result, appeal filed by the Revenue is dismissed. Pronounced in the open court today on the 29th January, 2019.

Sd/- Sd/- Ms. Madhumita Roy Pramod Kumar (Judicial Member) (Vice President) Ahmedabad, the 29th day of January, 2019 PBN/*

Copies to: (1) The appellant (2) The respondent (3) Commissioner (4) CIT(A) (5) Departmental Representative (6) Guard File By order TRUE COPY

Assistant Registrar Income Tax Appellate Tribunal Ahmedabad benches, Ahmedabad

More judgments on Section 271(1)(c)

All 25,141 judgments and leading authorities on Section 271(1)(c) →

Recent GST High Court judgments

Search GST case law →