DY. COMNMISSIONER OF INCOME TAX-5(2)(1), MUMBAI, MUMBAI vs. INFINITE COMPUTER SOLUTIONS (INDIA) LIMITED, DELHI

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ITA 2008/MUM/2024Status: DisposedITAT Mumbai31 December 2024AY 2017-18Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)1 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that both parties agreed that the tax effect on the disputed penalty was less than Rs. 60,00,000/-, which is the monetary limit prescribed by the CBDT for filing appeals. Therefore, the appeal was dismissed in limine due to low tax effect.

What were the facts?

The Revenue filed an appeal against the deletion of penalty under section 270A by the CIT(A)/NFAC. The Revenue was aggrieved by the deletion of a penalty of Rs. 52,93,844/-.

What were the issues?

Whether the appeal filed by the Revenue should be dismissed in limine on account of low tax effect, as per CBDT Circular No.09/2024.

Which sections of the Income-tax Act were involved?

Section 270A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH MUMBAI

For Appellant: Ms. Ritu Punjabi
For Respondent: Shri Krishnakumar, Sr. DR
Hearing: 24/12/2024Pronounced: 31/12/2024

आदेश / O R D E R PER AMIT SHUKLA (J.M): The aforesaid appeal has been filed by the Revenue against order dated 19/02/2024 passed by CIT(A) / NFAC, Delhi in relation to the penalty proceedings u/s.270A. 2. The Revenue is merely aggrieved by deletion of penalty of Rs.52,93,844/- levied u/s.270A.

1.

Infinite Computer Solutions (India) Limited 3. At the outset, both the parties have agreed that the tax effect on the disputed penalty is less than Rs.60,00,000/- which is a monetary limit prescribed by the CBDT vide Circular No.09/2024 dated 17/09/2024 for filing of the appeal, wherein the limit prescribed for filing of appeal by the department before the Tribunal has been capped at Rs.60,00,000/-. Admittedly here in this case the tax effect is less than Rs.60,00,000/- and accordingly, the appeal of the Revenue is dismissed in limine on account of low tax effect.

4.

In the result, appeal of the Revenue is dismissed.

Order pronounced on 31st December, 2024.

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