ITO, NEW DELHI vs. M/S. ORIENTAL TRIMEX LTD., NEW DELHI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the appeal filed by the Revenue was not maintainable due to the low tax effect, as per the CBDT circulars. The Departmental Representative also did not press the appeal.
What were the facts?
The Revenue filed an appeal against the CIT(A)'s order which had deleted the penalty imposed under Section 271C for non-deduction of tax. The tax effect in the appeal was below the monetary limit prescribed by CBDT circulars for filing appeals.
What were the issues?
Whether the penalty under Section 271C was imposable for non-deduction of tax. Whether the appeal was maintainable given the tax effect and CBDT circulars.
Which sections of the Income-tax Act were involved?
Section 271C,Section 201,Section 201(1A),Section 133A,Section 273B,Section 254(2)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘E’: NEW DELHI
Before: SHRI AMIT SHUKLA & SHRI ANADEE NATH MISSHRA
[A]. This appeal has been filed by Revenue against the order dated 27.01.2017 passed by Learned Commissioner of Income Tax(Appeals)-41, New Delhi [in short, “Ld.CIT(A)”] pertaining to assessment year 2007-08. In this appeal, the tax effect is less than the monetary limit fixed by the Central Board of Direct Taxes (in short “CBDT”) in its Circular No.17/2009 dated 08.08.2019. The Revenue has raised following grounds of appeal:-
(1) Whether on the facts and in the circumstances of the case and in law, the CIT(A) was justified in holding that the penalty under section 271C of the Income Tax Act for non-deduction of tax was not imposable as there was no contumacious conduct on the part of the assessee particularly when such tax was deducted and paid by the assessee when the same was pointed out and insisted upon during the course of survey u/s 133A of the Income Tax Act carried out on 07.03.2007 ?
ITA No: - 2208/Del/2017 (2) Whether on the facts and in the circumstances of the case and in law, the CIT(A) was justified in holding that the penalty under section 271C of the Income Tax Act for non-deduction of tax was not imposable on the reasoning that there was no adverse finding in this regard in the order passed u/s 201(1 )/201(1 A) of the I. T. Act on 16.03.2011 particularly when the assessee had no justification for non-deduction of such tax and started deducting such tax thereafter admitting its default and paid such tax with interest before 16.03.2011 ?
(3) Whether on the facts and in the circumstances of the case and in law’, the CIT(A) was justified in holding that the penalty under section 271C of the Income Tax Act for non-deduction of tax was not imposable on the reasoning that the assessee had deposited TDS within the relevant Financial Year particularly when the same was deposited after intrusive action u/s 133A of the Income Tax Act carried out on 07.03.2007 and insistence of the Assessing Officer/Department ?
(4) Whether on the facts and in the circumstances of the case and in law, the CIT(A) was justified in holding that the penalty under section 271C of the Income Tax Act for non deduction of tax was not imposable on the reasoning that the TDS deposited within the relevant Financial Year could be termed as one of the reasonable causes u/s 273B of the Income Tax Act particularly when the same was deposited after intrusive action u/s 133A of the Income Tax Act carried out on 07.03.2007 and insistence of the Assessing Officer/Department ?
(5) That the order of the CIT(A) being erroneous in law and on facts needs to be vacated and the order of the JCIT be restored.”
[B]. At the outset, it was brought to the notice by learned counsel for the Assessee, at the time of hearing that tax effect in this appeal is below Rs. 50,00,000./-. Vide recent CBDT Circular No.17/2019 dated 08.08.2019 read with earlier CBDT Circular No. 3 of 2018, dated 11.07.2018, minimum threshold limit of tax effect of filing of appeals by Revenue in Income Tax Appellate Tribunal ("ITAT", for short) has been enhanced to Rs. 50,00,000/-. In a subsequent clarification issued by CBDT vide F.No. 279/Misc/M-93/2018-ITJ,
ITA No: - 2208/Del/2017 dated 20/08/2019, it has been clarified by CBDT that the aforesaid revised monetary limit is also applicable to all pending appeals in ITAT. Therefore, in view of the foregoing, we are of the view that this appeal filed by Revenue is not maintainable. The learned Departmental Representative also did not press the appeal.
Accordingly, this appeal is dismissed being not pressed, and also not maintainable, having regard to aforesaid CBDT Circular No. 17/2019 dated 08.08.2019 read with aforesaid CBDT Circular No. 3 of 2018 in the light of aforesaid clarification dated 20/08/2019.
[C]. Before leaving, we clarify that Revenue will be at liberty to approach Income Tax Appellate Tribunal U/s 254(2) of Income Tax Act, 1961 seeking recall of this order and, for restoration of the appeal if it is found that this appeal of Revenue is not covered by aforesaid CBDT Circulars dated 08.08.2019 and 11.07.2018.
[D]. In the result, the appeal by Revenue is dismissed. Our decision was orally pronounced in the Open Court after conclusion of hearing on the date of hearing. Now, this written order is pronounced in Open Court on 01.10.2019.
More judgments on Section 271C
- Sbi, (Erstwhile Sbbj), Baran vs ITO (TDS), KotaITA 143/JPR/2026[2017-18]Status: Disposed13 Oct 2026AY 2017-18
- Jagadish Panchal, Udaipur vs Additional Commissioner of Income Tax…ITA 314/JODH/2024[2016-17]Status: Disposed29 Sept 2026AY 2016-17
- Teampumkin Corporation, Mumbai vs Income Tax Officer (TDS)-2(3)(2), MumbaiITA 5318/MUM/2026[2018-19]Status: Disposed22 Sept 2026AY 2018-19
- Teampumkin Corporation, Mumbai vs Income Tax Officer (TDS)-2(3)(2) Mumbai…ITA 5281/MUM/2026[2019-20]Status: Disposed22 Sept 2026AY 2019-20
- Azure Green Tech Private Limited, Delhi vs Deputy Commissioner of Income Tax, Circle…ITA 6199/DEL/2026[2021-22]Status: Disposed21 Sept 2026AY 2021-22
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