ITO - 27 (1)(4), MUMBAI vs. SHRI. DHARMENDRA H. THAKKAR, MUMBAI

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ITA 5625/MUM/2018Status: DisposedITAT Mumbai11 February 2020AY 2009-106 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 penalty appeal was not maintainable due to the low tax effect, as per CBDT Circular No. 17/2019. The exception clause cited by the Revenue regarding information from external agencies was found not applicable to penalty proceedings.

What were the facts?

The Revenue appealed against the deletion of a penalty of Rs. 12,078/- by the CIT(A). The penalty was levied for alleged bogus purchases, based on information from the Sales Tax Department. The assessee raised a preliminary issue regarding the appeal's maintainability due to low tax effect.

What were the issues?

Whether the Revenue's appeal is maintainable given the low tax effect of the penalty, and if the exception for information from external agencies applies 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, “D” BENCH, MUMBAI

Before: HON’BLE SHRI AMARJIT SINGH, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Appellant: Shri G.C. Lalka- Ld. AR
For Respondent: Ms. Jyoti Lakshmi Nayak-Ld.DR

आदेशानुसार/ BY ORDER,

उप/सहायक पंजीकार (Dy./Asstt.Registrar) आयकरअपीलीयअिधकरण, मुंबई / ITAT, Mumbai.

Shri Dharmendra H. Thakkar Assessment Year :2009-10

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