THE BHANDARA DIST. CENTRAL CO-OP BANK LIMITED,BHANDARA vs. DIRECTOR OF INCOME TAX ( INTELLIGENCE AND CRIMINAL INVESTIGATION ), NAGPUR

There is a delay of 392 days in presenting the appeals before the Tribunal. The assessee has filed an affidavit in support of the delay. We are satisfied with the reasons for the delay. Condoning the same, we admit them for disposal on merits.

We have heard the rival contentions and perused the record. It is seen that the instant appeals have been preferred directly against the penalty orders u/s 271FA passed by the AO. Section 253 of the Act provides an exhaustive inventory of appeals that can be preferred before the Tribunal. Sub-section (1) sets out the orders passed under the relevant sections that an assessee can challenge before the Tribunal. Similarly, sub-section (2) provides a list of sections, the orders passed where under, can be challenged by the Revenue. There is no provision u/s 253(1) entitling an assessee to file a direct appeal to the Tribunal against the penalty order passed by the AO u/s 271FA. Hence, such orders having been appealed before the Tribunal without jurisdiction, cannot be lawfully prosecuted. It is observed that similar issue came up for consideration before the Pune Tribunal in several cases including Nanded District Central Co-op. Bank Ltd. vs. Director of Income Tax (Intelligence & Criminal Investigation) in ITA No.1617/Pune/2018. Vide order dated 13.01.2022, the Tribunal dismissed the appeal preferred by the assessee against penalty order passed by the AO u/s 271FA of the Act. Considering the judgment of the Hon‟ble Rajasthan High Court in Director of IT vs. Ravi Vijay & Anr. (2012) 252 CTR (Raj) 228, the Tribunal also gave liberty to the assessee for taking recourse to the alternative remedy as suggested in the judgment, if so desired. We also order accordingly. 4. In the result, all the appeals stand dismissed. Order pronounced in the Open Court on 27th July, 2023.