C.SELVARAJ,COIMBATORE vs. ACIT, COIMBATORE

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ITA 960/CHNY/2017Status: DisposedITAT Chennai07 September 2022AY 2007-082 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the revenue's appeal against the deletion of penalty was dismissed by the Tribunal due to low tax effect, rendering the first appellate authority's order final. Therefore, the current appeal was rendered infructuous.

What were the facts?

The assessee challenged a revisional order passed by the Principal Commissioner of Income Tax. The revisional authority had directed the levy of penalty under Section 271(1)(c), which had previously been deleted by the first appellate authority.

What were the issues?

Whether a revisional order directing penalty levy is sustainable when the penalty has already been deleted and the revenue's appeal against that deletion has been dismissed.

Which sections of the Income-tax Act were involved?

Section 263,Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI

Before: HON’BLE SHRI MAHAVIR SINGH & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. By way of this appeal, the assessee challenges the revisional jurisdiction u/s. 263 of the Act as exercised by learned Principal Commissioner of Income Tax-1, Coimbatore [Pr.CIT] vide order dated 29-03-2017. 2. The Ld. AR, at the outset, submitted that revisional authority directed for levy of penalty u/s 271(1)(c) which has already been deleted by first appellate authority. Further, the appeal of the revenue against that order has already been dismissed by the Tribunal on low tax effect. Therefore, the order of learned first appellate authority has attained finality. The Ld. AR, accordingly, submitted that this appeal has been rendered infructuous. 3. In view of the forgoing, the appeal stands dismissed as infructuous. Order pronounced on 05th September, 2022.

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