ITO (TDS), Udaipur V. M/s. ICICI Bank Ltd. , Udaipur

ITA 385/JODH/2019

AI Insights

The case involves an appeal by the Income Tax Officer (TDS), Udaipur against M/s. ICICI Bank Ltd. concerning a penalty of Rs. 40,200 levied under section 272A(2)(k) of the Income Tax Act, 1961, for the assessment year 2011-12. The penalty was initially deleted by the ld. CIT(A)-1, Udaipur, which led to the Revenue's appeal. However, during the tribunal proceedings, it was determined that the tax effect of the appeal was below the threshold set by the CBDT's Circular No. 17/2019, and no exceptions to this rule were applicable. Consequently, the tribunal dismissed the appeal without further consideration of the merits.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 122702 (ITAT-JODHPUR)
• Duration Of Justice: 3 year(s) 1 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-01-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 18-01-2023
• Assessment Year: 2011-2012
• Appeal Filed On: 20-11-2019
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: TDS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND Dr. S. SEETHALAKSHMI, JUDICIAL MEMBER ITA No. 385/Jodh/2019 (ASSESSMENT YEAR- 2011-12 ) The Income Tax Officer (TDS) Udaipur Vs M/s. ICICI Bank Ltd. Bapu Bazar, Opp. Town Hall, Udaipur (Appellant) (Respondent) TAN NO. JDHT00700A Assessee By None Revenue By Ms. Nidhi Nair, JCIT-DR Date of hearing 19/01/2023 Date of Pronouncement 20 /01/2023 O R D E R PER: B. R. BASKARAN, AM The Revenue has filed this appeal challenging the order dated 7-08-2019 passed by the ld. CIT(A)-1, Udaipur for the assessment year 2011-12. 2 2. None appeared on behalf of the assessee when the case was called out for hearing. On examination of the issue urged by the revenue, the Bench decided to proceed to dispose of the appeal of the assessee ex-parte on merit. 3. In this appeal, the Revenue is aggrieved by the decision of ld. CIT(A) in deleting the penalty of Rs.40,200/-levied u/s 272A(2)(k) of the Income Tax Act, 1961. 4. We heard the ld. DR and perused the record. We noticed that the tax effect involved in this appeal is less than the monetary limit as prescribed by the CBDT in its Circular No. 17/2019 dated 8 th Aug. 2019. Accordingly, Revenue is precluded from pursuing this appeal unless it is shown that the issue contested in this appeal is falling under any of the exceptions provided in the Circular. It was not shown to us that the issue contested in this appeal falls under any of the exceptions prescribed under the Circular. Accordingly, we dismiss the appeal of the Revenue in limine. However, liberty is given to the Revenue to seek recalling of this order if found necessary to do so. Thus the appeal of the Revenue is dismissed. 3 5. In the result, the appeal filed by the Revenue is dismissed. Order pronounced in the open Court on 20 /01/2023 Sd/- Sd/- (Dr. S. SEETHALAKSHMI) (B. R. BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated : 20/01/2023 *Mishra Copy to: 1. The Appellant 2. The Respondent 3. The CIT 4. The CIT(A) Asstt. Registrar 5. The DR 6. Guard File Jodhpur Bench