BHAUSAHEB BIRAJDAR NAGARI SAHAKARI BANK LTD.,OSMANABAD vs. DIRECTOR OF INCOME-TAX,

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ITA 1378/PUN/2016Status: DisposedITAT Pune03 March 2022AY 2015-163 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that an order passed under Section 271FA of the Income Tax Act is not appealable before the Income Tax Appellate Tribunal as per Section 253(1) of the Act. The assessee's representative conceded to this point.

What were the facts?

The assessee, a cooperative bank, failed to furnish the Annual Information Return (AIR) for the financial year 2014-15 by the due date. Despite notices from the department, the assessee did not file the return or provide any reply.

What were the issues?

The primary issue was the maintainability of the appeal before the ITAT against an order imposing penalty under Section 271FA for non-filing of AIR.

Which sections of the Income-tax Act were involved?

Section 271FA,Section 285BA,Section 274,Section 253

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH, ‘A’ PUNE – VIRTUAL COURT

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

For Appellant: Shri Nayan B. Jakotiya
For Respondent: Shri M. G. Jasnani

PER DR. DIPAK P. RIPOTE, AM : This is an appeal filed by the assessee against the order u/s 271FA of the Income Tax Act, 1961 (‘the Act’) passed by the Director of Income Tax (Intelligence & Criminal Investigation), Pune on 14.03.2016 for Financial Year 2014-15. 2. The appellant was required to furnish AIR i.e. Annual Information Return for financial year 2014-15 by 31.08.2015. However, it was observed by the Department that the appellant had not filed the same. Therefore, the Department issued a notice u/s 285BA(5) of the Act dated 08.09.2015. Subsequently, a show-cause notice was issued u/s 271FA r.w.s. 274 of the Act dated 15.10.2015. Then one more notice was issued on 15.12.2015. However, the appellant failed to file any reply to the Department.

3.

We heard both the sides and perused the relevant material. Section 253 of the Act contains list of the orders appealable before the Tribunal. Section 253(1) of the Act does not contain an order passed u/s 271FA of the Act. This fact was brought to the notice of the ld. AR and ld. AR was asked to explain this appeal shall not be dismissed, as not 2 Bhausaheb Birajdar Nagari Sahakari Bank Ltd. maintainable. The ld. AR after going through section 253(1) accepted that there is no mention of order passed u/s 271FA of the Act.

4.

On the other hand, ld. DR relied on the order of this Tribunal in the case of Nanded District Central Co-op. Bank Ltd. vs. DIT (Intelligence and Criminal Investigation) in ITA No.1617/PUN/2018 for A.Y. 2017-18 order dated 13.01.2022 and in the case of Jt. Sub-

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