DCIT (INTERNATIONAL TAXATION), NEW DELHI vs. M/S. E'S INC., BANGALORE

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ITA 2831/DEL/2017Status: DisposedITAT Delhi05 January 2021AY 2012-133 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 dismissed the revenue's appeal. This decision was based on CBDT circular No. 17 of 2019.

What were the facts?

The revenue filed an appeal against the CIT(A)'s order deleting a penalty. The penalty was levied under Section 271(1)(c) of the Income Tax Act for the assessment year 2012-13.

What were the issues?

The primary issue was whether the penalty levied under Section 271(1)(c) was rightly deleted by the CIT(A), considering the applicability of a CBDT circular.

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, DELHI BENCH ‘D’, NEW DELHI

Before: SH. N. K. BILLAIYA & MS. SUCHITRA KAMBLE

Hearing: 05/01/2021Pronounced: 05/01/2021

This appeal by the revenue is preferred against the order of the CIT(A)-42, New Delhi dated 14.10.2016 pertaining to A.Y. 2012-13.

2.

A solitary grievance of the revenue is that the CIT(A) erred in deleting the penalty of Rs. 39.47 lacs levied u/s. 271 (1)(c) of the Act.

3.

This appeal by the revenue has to be dismissed in the light of the CBDT circular No. 17 of 2019. The appeal is accordingly dismissed.

4.

In the result, the appeal filed by the revenue is accordingly dismissed.

5.

Decision announced in the open court in the presence of both the representatives on 05.01.2021.

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