D.D.155 ATHOORP.U.SERVANTSCOOPTHRIFT&CREDITSOCIETY LIMITED,ATHOOR vs. WARD - 1, DINDIGUL
What did the Tribunal hold?
The Tribunal noted that the previous appeal filed by the assessee, ITA No.2801/Chny/2025, assailing the same order of the Ld.CIT(A) dated 06.08.2025, was already allowed by the Tribunal on 20.01.2026. Therefore, the present appeal was deemed to be a duplicate.
What were the facts?
The assessee preferred an appeal against the order of the Ld.CIT(A) concerning penalty levied under section 270A of the Income Tax Act for AY 2020-21. However, it was brought to the Tribunal's notice that the assessee had previously filed an identical appeal, ITA No.2801/Chny/2025, for the same assessment year and the same impugned order.
What were the issues?
Whether the present appeal is maintainable when an identical appeal for the same matter has already been allowed.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI
Before: SHRI ABY T. VARKEY & SHRI S.R.RAGHUNATHA
आदेश / O R D E R
PER ABY T. VARKEY, JM:
This is an appeal preferred by the assessee against the order of the Learned Commissioner of Income Tax (Appeals)/NFAC, (hereinafter referred to as “the Ld.CIT(A)”), Delhi, dated 06.08.2025 for the Assessment Year (hereinafter referred to as "AY”) 2020-21.
None appeared for the assessee despite notices. The Ld.DR at the outset brought to our notice that the assessee-Society had preferred an appeal against the very same impugned order of the Ld.CIT(A)/NFAC dated 06.08.2025 for AY 2020-21 assailing the penalty levied u/s.270A of the Income Tax Act, 1961 (hereinafter referred to as "the Act”) which has been allowed by the Tribunal in appeal for AY 2020-21 order dated 20.01.2026. Thus, according to the Ld.DR, this is a duplicate appeal preferred by the assessee which needs to be dismissed.
Having gone through the appeal preferred by the assessee, we note that by preferring this captioned appeal, the assessee has assailed the impugned action of Ld CIT(A), confirming the penalty levied by AO u/s.270A of the Act. However, it has been brought to our notice that the assessee had earlier filed appeal numbered as before this Tribunal, assailing the very same impugned action of Ld CIT(A) dated 06.08.2025 and the Tribunal is noted to have allowed the appeal of the assessee vide order dated 20.01.2026. Therefore, the Ld.DR has rightly pointed out that the ibid appeal is a duplicate appeal and therefore, doesn’t survive.
(AY 2020-21) M/s.DD-155 Athoor P.U. Public Servents – Co-op. Thrift & Credit Society Ltd., :: 3 ::
In the result, appeal filed by the assessee is dismissed being duplicate appeal which has been earlier allowed (supra).
Order pronounced on the 11th day of February, 2026, in Chennai.
More judgments on Section 270A
- Kamleshkumar Somalal Bhatt, Himatnagar vs Income Tax Ofifcer, Ward 1, HimatnagarITA 2130/AHD/2026[2019-20]Status: Disposed21 Oct 2026AY 2019-20
- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2125/AHD/2026[2019-2020]Status: Disposed21 Oct 2026AY 2019-2020
- Kkg Associates, Visakhapatnam vs Income Tax Officer, Ward - 2(1)…ITA 345/VIZ/2026[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Shamsunder Pritesh Malode, Hyderabad vs ACIT, Circle-12(1), HyderabadITA 399/HYD/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Rama Naidu Gutha, Anantapur vs ITO, Ward -1, AnantapurITA 1895/HYD/2026[2023-24]Status: Disposed16 Oct 2026AY 2023-24
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