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Income Tax Appellate Tribunal, DELHI “B” BENCH: NEW DELHI
Before: SHRI KUL BHARAT & SHRI O.P.KANT
ORDER PER KUL BHARAT, JM :
This appeal filed by the Revenue for the assessment year 2013-14 is directed against the order of Ld. CIT(A)-30, New Delhi dated 29.12.2017.
The Revenue has raised following grounds of appeal:-
1. "Whether on the facts and circumstances of the case, the Ld. CIT(A) was justified in deleting the penalty of Rs.35,04,461/ - imposed by the AO u/s 271(1)(c) of the I.T. Act, 1961 despite the fact that the return was revised after due date (i.e. 31.03.2015) on 22.12.2015 only when notice u/s 143(2) was issued to the assessee after noticing that the assessee had in fact book profit of Rs.l,90,15,643/- u/s 115JB as against declared in the original return of income filed at Rs.15,75,135/-. "
2. "The Ld. CIT(A) has also erred in holding that the assessee had committed an inadvertent/ clerical error by showing the figure of book profit at Rs.15,75,135/- instead of the correct figure of Rs.l,90,15,643/- by ignoring the fact that the ROI was processed u/s 143(1) on 23.02.2015 at Rs.7,94,390/-. Had the assessee genuine intentions the return would have been revised before issued of the notice u/s 143(2).”
At the time of hearing, no one appeared on behalf of the assessee.
Ld. Sr. DR fairly conceded the facts that the appeal filed by the Revenue cannot be maintained on account of CBDT Circular No. 17/2019 dated 08.08.2019 & 20.08.2019 related to pecuniary limit. It is seen that the Revenue has challenged the deletion of penalty of Rs.35,04,461/-.
Therefore, in terms of above CBDT Circular No. 17/2019 dated 08.08.2019 & 20.08.2019, the appeal filed by the Revenue is dismissed, being not maintainable.
In the result, the appeal of the Revenue is dismissed.
Above decision was pronounced on conclusion of Virtual Hearing in the presence of both the parties on 15th July, 2021.