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Income Tax Appellate Tribunal, MUMBAI BENCHES “D”, MUMBAI
Before: SHRI JOGINDER SINGH & SHRI ASHWANI TANEJA (ACOUNTANT MEMBER)
O R D E R Per ASHWANI TANEJA, AM
These appeals petrtain to samer assessee. First we shall take up revenue’s appeal in for A.Y. 2006-07. This appeal has been filed by the revenue against the order of Commissioner of Income-tax (Appeals) [hereinafter called ld.CITA)] dt 28-02-2013 against the assessment order u/s 143(3) for A.Y.2006-07.
During the course of hearing it has been brought to our notice that tax effect involved in this case is less than Rs.10 lakhs. The ld.DR confirmed this fact. Under these circumstances, we find that appeal filed by the revenue is not maintainable in view of circular No.21 of 2015 of CBDT dt 10-12-2015. Thus, the appeal of the revenue being not maintainable , is hereby dismissed. Our order should have no bearing on merits of the case.
Now we shall take up appal filed by the revenue in Ld.CIT(A) DT 28-2-2013 passed against penalty u/s 271(1)(c) for A.Y. 2006-07.
It is noted that the Assessing Officer had levied penalty of Rs.10 lakhs u/s 271(1)(c) which was deleted by the Ld.CIT(A) on the ground that addition made in the assessment order u/s 68 amounting to Rs.2,58,404 on which penalty was levied, was deleted by the Ld.CIT(A). It is noted by us that appeal filed by the revenue in the quantum has been dismissed in our order as discussed above. Thus, as on date, the quantum addition stands deleted. Thus, there are no basis to continue with the penalty levied by the Assessing Officer. Under these circumstances, we find that the Ld.CIT(A) has rightly deleted the penalty and his order is confirmed.
In the result, appeals filed by the revenue are dismissed.
Order pronounced in the open court at the conclusion of hearing.