THE KARIMNAGAR DISTRICT COOPERATIVE CENTRAL BANK LIMITED,KARIMNAGAR vs. DY. COMMISSIONER OF INCOME TAX, (I & CI), HYDERABAD

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ITA 451/HYD/2019Status: DisposedITAT Hyderabad08 August 2019AY 2015-163 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that a penalty under Section 271FA is imposed under Chapter XXI of the Income Tax Act, making it an appealable order. The CIT(A) was incorrect in dismissing the appeals on maintainability grounds.

What were the facts?

The assessee filed appeals against penalty orders under Section 271FA. The CIT(A) held that no appeal lies against such orders under Section 246A of the Income Tax Act.

What were the issues?

Whether an appeal lies against an order imposing penalty under Section 271FA before the CIT(A) under Section 246A of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 246A,Section 271FA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Hyderabad Benches, ‘B’ Bench, Hyderabad

Before: Smt. P. Madhavi Devi & Shri S. Rifaur Rahman

Hearing: 06/08/2019

IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad Benches, ‘B’ Bench, Hyderabad Before Smt. P. Madhavi Devi, Judicial Member AND Shri S. Rifaur Rahman, Accountant Member ITA Nos. 447 to 452/Hyd/2019 A.Ys: 2011-12, 2012-13, 2013-14, 2014-15, 2015-16 and 2016-17 The Karimnagar District Director of Income Tax Co-operative Central Bank Vs (I & CI) Limited 4th floor, Aayakar bhavan 2-6-76, Market road Basheerbagh Opp. One Town Police Station Hyderabad Karimnagar PAN: AABAT0905H (Appellant) (Respondent) For Assessee : Shri A.V. Raghuram, AR For Revenue : Sh. Nilanjan Dey, DR

Date of Hearing: 06/08/2019 Date of Pronouncement: …./08/2019 O R D E R PER P.MADHAVI DEVI, J.M. All these appeals are filed by assessee for A.Ys. 2011- 12 to 2016-17 against the order dated 30.01.2019 of the CIT(A)-2, Hyderabad holding that the appeals against the penalty order u/s 271FA are not maintainable as no appeal lies against such order u/s 246A of the I.T. Act. 2. However, Ld.Counsel for the assessee has referred to Sub-Clause ‘Q’ of Sec.246A of the I.T. Act which provides for an appeal against the order imposing penalty under Chapter XXI of the I.T. Act.

ITA Nos. 447 to 452/Hyd/19 AYs: 2011-12 to 2016-17 The Karimnagar District Cooperative Central Bank Ltd., Karimnagar 3. We find that the penalty u/s 271FA of the Act is a penalty imposed under Chapter XXI of the I.T. Act. Therefore, it is clearly appealable order and the CIT(A) is incorrect in holding that no appeal lies against the order u/s 271FA. 4. In the result, we set aside the matter to the file of CIT(A) for re-adjudication on merits. 5. In the result, all the appeals of the assessee are treated as ‘allowed for statistical purposes’. Order pronounced in the Open Court on 09th August, 2019. Sd/- Sd/- (S.Rifaur Rahman) (P. Madhavi Devi) Accountant Member Judicial Member Dated: 09th August, 2019. *Gmv Copy to: 1. The Karimnagar District Cooperative Central Bank Ltd., 2-6-76, Market road, Opp. One Town Police Station, Karimnagar 505 001. 2. DIT (I&CI), Hyderabad. 3. CIT(A), Hyderabad. 4. DR, ITAT, Hyderabad. 5. Guard File.

// Copy //

ITA Nos. 447 to 452/Hyd/19 AYs: 2011-12 to 2016-17 The Karimnagar District Cooperative Central Bank Ltd., Karimnagar

1.

Draft dictated on 06/08/19 2. Draft placed before the author 07/08/19 3. Draft placed before the second Member 4. Draft approved by second Member 5. Approved Draft comes to SrPS 6. Kept for Pronouncement 09/08/2019 7. File sent to Bench Clerk

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