DEPUTY COMMISSIONER OF INCOME-TAX vs. TETRA PAK INDIA PRIVATE LTD., PUNE

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ITA 1344/PUN/2015Status: DisposedITAT Pune17 July 2019AY 2007-082 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the order for default under section 201(1) & 201(1A) was held to be barred by limitation, there was no outstanding demand. Consequently, the basis for levying penalty under section 271C was nil.

What were the facts?

The Revenue appealed against the deletion of penalty levied under section 271C of the Income-tax Act. The penalty was based on a default under section 201(1A).

What were the issues?

Whether penalty under Section 271C can be levied when the order for the underlying default under Section 201(1A) is time-barred.

Which sections of the Income-tax Act were involved?

Section 271C,Section 201(1A)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

For Respondent: Shri Nikhil Pathak
Hearing: 15.07.2019Pronounced: 17.07.2019

आदेश / ORDER

PER SUSHMA CHOWLA, JM:

The appeal filed by Revenue is against order of CIT(A)-13, Pune, dated 28.07.2015 relating to assessment year 2007-08 against deletion of penalty levied under section 271C of the Income-tax Act, 1961 (in short ‘the Act’).

2.

The present appeal is against levy of penalty under section 271C of the Act. The said penalty is leviable in case of default under section 201(1A) of the Act.

ITA No.1344/PUN/2015 2 Tetra Pak India Pvt. Ltd.

3.

The learned Authorized Representative for the assessee at the outset pointed out that the order passed under section 201(1) & 201(1A) of the Act has been held to be barred by limitation and as such, there is no demand outstanding under section 201(1) & 201(1A) of the Act. In such scenario, where the basis for levy of penalty under section 271C of the Act has been held to be nil, then there is no merit in the levy of aforesaid penalty. Accordingly, we hold so.

4.

In the result, the appeal of Revenue is dismissed.

Order pronounced on this 17th day of July, 2019.

Sd/- Sd/- (ANIL CHATURVEDI) (SUSHMA CHOWLA) ऱेखा सदस्य / ACCOUNTANT MEMBER न्याययक सदस्य / JUDICIAL MEMBER ऩुणे / Pune; ददनाांक Dated : 17th July, 2019. GCVSR आदेश की प्रयतलऱपप अग्रेपषत/Copy of the Order is forwarded to : 1. अऩीऱाथी / The Appellant; 2. प्रत्यथी / The Respondent; 3. आयकर आयुक्त(अऩीऱ) / The CIT(A)-13, Pune; 4. The CIT(IT/TP), Pune; ववबागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, ऩुणे “फी” / DR 5. ‘B’, ITAT, Pune; 6. गार्ड पाईऱ / Guard file. आदेशािुसार/ BY ORDER, सत्यावऩत प्रतत //True Copy// वररष्ठ तनजी सधिव / Sr. Private Secretary आयकर अऩीऱीय अधधकरण ,ऩुणे/ ITAT, Pune

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