INCOME-TAX OFFICER, WARD - 1, AHMEDNAGAR vs. SACHIN TUKARAM JADHAV, AHMEDNAGAR

PDF · subscribers
ITA 1113/PUN/2019Status: DisposedITAT Pune12 April 2022AY 2011-122 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal accepted the Revenue's request to withdraw the appeal. The appeal was dismissed as withdrawn based on the Revenue's submission regarding the low tax effect and CBDT circulars.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A) that deleted a penalty. The Revenue later requested to withdraw the appeal due to low tax effect, as the penalty amount was below the revised monetary limit for filing appeals to the ITAT.

What were the issues?

Whether the appeal filed by the Revenue should be withdrawn due to low tax effect as per CBDT circulars.

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, “B” BENCH, PUNE

Before: SHRI S.S. VISWANETHRA RAVI & DR. DIPAK P. RIPOTE

This appeal by the Revenue against the order dated 03-04-2019 passed by the Commissioner of Income Tax (Appeals)-2, Pune [‘CIT(A)’] for assessment year 2011-12.

2.

The Revenue vide letter dated 11-04-2022 prayed to withdraw the appeal in view of low tax effect. The relevant extract of the application reads as under : “2. In this case, Dept. Has filed appeal to the Hon’ble ITAT vide A.Y. 2011-12, against the order of CIT(A)-2, Pune deleting penalty levied u/s. 271(1)(c) of the Income tax Act, 1961 amounting to Rs.47,39,100/-.

3. In this regard, it is submitted that as per CBDT Circular No. 17/2019 dated 08.08.2019, the revised monetary limit for filing appeal before Hon’ble ITAT is Rs.50 lakh. The quantum of penalty deletion of Rs.47,39,100/-, which is below the prescribed limit of filing appeal to Hon’ble ITAT. Further, it is certified that the case does not falls under any exception of clause 10 of CBDT Circular No. 3/2018 dated 11.07.2018.

4. In view of above facts, it is requested that appeal filed in this case, vide above be withdrawn.”

3.

The ld. AR for the assessee vide letter dated 11-04-2022 has no objection in case the Revenue wishes to withdraw the appeal.

4.

In view of the request made by the Revenue the appeal is dismissed as withdrawn.

Order pronounced in the open court on 12th April, 2022.

Sd/- Sd/- (Dr. Dipak P. Ripote) (S.S. Viswanethra Ravi) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; दिनाांक / Dated : 12th April, 2022. रदव आदेश की प्रधिधलधप अग्रेधर्ि / Copy of the Order forwarded to : अपीलार्थी / The Appellant. 1. प्रत्यर्थी / The Respondent. 2. 3. The CIT(A)-2, Pune 4. The Pr. CIT-1, Pune दवभागीय प्रदतदनदि, आयकर अपीलीय अदिकरण, “बी” बेंच, 5. पुणे / DR, ITAT, “B” Bench, Pune. गार्ड फ़ाइल / Guard File. 6. //सत्यादपत प्रदत// True Copy// आिेशानुसार / BY ORDER,

वररष्ठ दनजी सदचव / Sr. Private Secretary आयकर अपीलीय अदिकरण ,पुणे / ITAT, Pune

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 →