ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 5(1)(2), MUMBAI vs. M/S. CREATIVE PERIPHERALS AND DISTRIBUTION LTD, MUMBAI

PDF · subscribers
ITA 5382/MUM/2019Status: DisposedITAT Mumbai02 March 2021AY 2009-103 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 the CBDT Circular No. 17/2019, which allows for appeals with low tax effect to be treated as not maintainable, applies to penalty proceedings as well. Therefore, the appeal was considered not maintainable.

What were the facts?

The Revenue appealed against an order related to penalty under Section 271(1)(c) for alleged bogus purchases. The assessee was a limited company.

What were the issues?

Whether CBDT Circular No. 17/2019, concerning monetary limits for appeals, is applicable to penalty proceedings.

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, ‘C‘ BENCH

Before: SHRI M.BALAGANESH, AM & SHRI RAVISH SOOD, JM

For Respondent: Ms. Shreekala Pardeshi
Hearing: 02/03/2021Pronounced: 02/03/2021

आदेश / O R D E R PER M. BALAGANESH (A.M):

1.

This appeal in A.Y.2009-10 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-10, Mumbai in appeal No.CIT(A)-10, Mumbai/10112/2018-19 dated 31/05/2019 (ld. CIT(A) in short) in the matter of imposition of penalty u/s.271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as Act).

M/s. Creative Peripherals and Distribution Ltd.,

2.

The ld. DR argued vehemently that the penalty levied by the ld. AO in respect of disallowance made on bogus purchases. Accordingly, in the opinion of the ld. DR, the same would fall within the exception provided in the CBDT Circular No.17/2019 dated 08/08/2019. We find that the exception provided in the said Circular dated 08/08/2019 issued by the CBDT would apply only in respect of quantum assessment proceeding and the same cannot be made applicable for penalty proceeding and it is well settled that penalty proceeding and assessment proceedings are distinct and separate. In view of this, we are inclined to treat this appeal as not maintainable in view of the CBDT Circular No.17/2019 dated 08/08/2019 treating it as an appeal involving tax effect less than the prescribed monetary limit.

4.

In the result, appeal filed by the revenue is dismissed as not maintainable. Order pronounced in open Court on 02/03/2021.

Sd/- Sd/- (RAVISH SOOD) (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 02/03/2021 KARUNA, sr.ps

M/s. Creative Peripherals and Distribution Ltd.,

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 →