THE ACIT, CIRCLE-1, BHAVNAGAR vs. MAMTA N. GUPTA, BHAVNAGAR

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ITA 2273/AHD/2014Status: DisposedITAT Ahmedabad19 May 2017AY 2008-092 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal filed by the Revenue. This decision was based on a CBDT circular directing revenue not to prefer appeals where the tax effect is less than Rs. 10 lakhs.

What were the facts?

The Revenue appealed against the deletion of a penalty of Rs. 4,34,000 levied under Section 271(1)(c) for the Assessment Year 2008-09. The tax effect of the appeal was below the threshold specified by CBDT.

What were the issues?

Whether the Revenue's appeal should be entertained when the tax effect is below the monetary limit set by CBDT. The validity of the penalty levied under Section 271(1)(c) was not adjudicated.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “B” BENCH

Before: SHRI N.K. BILLAIYA & SHRI MAHAVIR PRASAD

For Appellant: Shri James Kurian, Sr. D.R

Date of hearing : 05 -05-2017 Date of Pronouncement : 19 -05-2017

PER N.K. BILLAIYA, ACCOUNTANT MEMBER:

1.

This appeal by the Revenue is directed against the order of Ld. CIT(A)-XX, Ahmedabad dated 22.05.2014 pertaining to A.Y. 2008-09. 2 . A.Y.2008-09

2.

The only grievance of the revenue is that the ld. CIT(A) erred in deleting the penalty of Rs. 4,34,000/- levied u/s. 271(1)(c) of the Act.

3.

The grievance of the revenue itself shows that this appeal has to be dismissed in the light of the CBDT Circular No. 21 of 2015 dated 10.12.2015 by which the Board has directed the revenue not to prefer appeal before the Tribunal where the tax effect is less than Rs. 10 lakhs.

4.

In the light of this CBDT circular, appeal filed by the Revenue is dismissed.

Order pronounced in Open Court on 19 - 05- 2017

(MAHAVIR PRASAD) (N. K. BILLAIYA) JUDICIAL MEMBERACCOUNTANT MEMBER Ahmedabad: Dated 19 /05/2017 Rajesh Copy of the Order forwarded to:-

1.

The Appellant.

2.

The Respondent.

3.

The CIT (Appeals) –

4.

The CIT concerned.

5.

The DR., ITAT, Ahmedabad.

6.

Guard File. By ORDER

Deputy/Asstt.

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