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Income Tax Appellate Tribunal, MUMBAI BENCHES “D”, MUMBAI
Before: SHRI B.R.BASKARAN (AM) & SHRI RAM LAL NEGI (JM)
This appeal has been filed by the Revenue against impugned order dated 17/12/2012 passed by the CIT(Appeals)-29, Mumbai for the assessment year 2011-12, on the following grounds:-
1. On the facts and circumstances and in law, the learned. CIT(A) in deleting the penalty of Rs. 10,00,000/- u/s 221(1) without taking into account that assessee had failed to pay the amount of tax on the basis of return and was in accordance with the provisions of sec 140A(3) deemed to be an assessee in default in respect of unpaid tax .
2. On the facts and circumstances and in law, the Ld. CIT(A) has erred in applying the ratio of decision in the case of CIT vs. Bhikaji Ramchandra 183 ITR page 478(Bom) without appreciating the fact that in the said case the penalty was levied on non-payment of self assessment tax which is much later stage on the filling of return of income.
At the outset, the Ld. DR pointed out that the tax involved in this case does not exceed Rs. 10,00,000/-. As per the latest CBDT Circular No. 21 of 2015, dated 10th December, 2015, new guidelines of monetary limit for filing of appeals by the Department has been issued, whereby the tax effect for filing of appeal before the ITAT has been prescribed as amount exceeding Rs. 10 lakhs. In the said Circular, it has been specifically clarified that the said instruction will apply retrospectively to all the pending appeals. Accordingly, the appeal filed by the revenue is not maintainable and is dismissed in limine.
Order pronounced in the open court on 29th February, 2016