The Karimnagar District Cooperative Central Bank Limited, Karimnagar V. Director of Income Tax (I&CI), Hyderabad

ITA 448/Hyd/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4801 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-08-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 06-08-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 29-03-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: NILANJAN DEY
• Assessee Lawyers: A V RAGHURAM
• Keywords: Set aside
• Section: 27

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES, B BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NOS. 447 TO 452 /HYD /2019 A.YS: 201 1 - 12 , 2012 - 13 , 20 13 - 14 , 2014 - 15 , 2015 - 16 AND 2016 - 17 THE KARIMNAGAR DISTRICT CO - OPERATIVE CENTRAL BANK LIMITED 2 - 6 - 76, MARKET ROAD OPP. ONE TOWN POLICE STATION KARIMNAGAR PAN: AABAT0905H VS DIRECTOR OF INCOME TAX (I & CI) 4 TH FLOOR, AAYAKAR BHAVAN BASHEERBAGH HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI A.V. RAGHURAM, AR FOR REVENUE : SH. NILANJAN DEY, DR O R D E R PER P.MADHAVI DEVI, J.M. ALL THESE APPEALS ARE FILED BY ASSESSEE FOR A.Y S . 201 1 - 12 TO 201 6 - 17 AGAINST THE ORDER DATED 30.01.2019 OF THE CIT(A) - 2, HYDERABAD HOLDING THAT THE APPEAL S AGAINST THE PENALTY ORDER U/S 271FA ARE NOT MAINTAINABLE AS NO APPEAL LIES AGAINST SUCH ORDER U/S 246A OF THE I.T. ACT. 2. HOWEVER, LD.COUNSEL FOR THE ASSESSEE HAS REFERRED TO SUB - CLAUSE Q OF SEC.246A OF THE I.T. ACT WHICH PROVIDES FOR AN APPEAL AGAINST THE ORDER IMPOSING PENALTY UNDER CHAPTER XXI OF THE I.T. ACT. DATE OF HEARING: 0 6 /08/2019 DATE OF PRONOUNCEMENT: ./08/2019 ITA NOS. 447 TO 452/HYD/19 AYS: 2011 - 12 TO 2016 - 17 THE KARIMNAGAR DISTRICT COOPERATIVE C ENTRA L BANK LTD., KARIMNAGAR 2 3. WE FIND THAT THE PENALTY U/S 271FA OF THE ACT IS A PENALTY IMPOSED UNDER CHAPTER XXI OF THE I.T. ACT. THEREFORE , IT IS CLEARLY APPEALABLE ORDER AND THE CIT(A) IS IN CORRECT IN HOLDING THAT NO APPEAL LIES AGAINST THE ORDER U/S 27 1 FA . 4. IN THE RESULT, WE SET ASIDE THE MATTER TO THE FILE OF CIT(A) FOR RE - ADJUDICATI ON ON MERITS. 5 . IN THE RESULT, ALL THE APPEALS OF THE ASSESSEE ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 09 TH AUGUST, 2019. SD/ - SD/ - (S.RIFAUR RAHMAN ) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER DATED: 09 TH AUGUST, 2019. *GMV COPY TO: 1. THE KARIMNAGAR DISTRICT COOPERATIVE CENTRAL BANK LTD., 2 - 6 - 76, MARKET ROAD, OPP. ONE TOWN POLICE STATION, KARIMNAGAR 505 001. 2. DIT (I &CI), HYDERABAD. 3. CIT(A), HYD ERABAD. 4. DR, ITAT, HYDERABAD. 5. GUARD FILE. // COPY // ITA NOS. 447 TO 452/HYD/19 AYS: 2011 - 12 TO 2016 - 17 THE KARIMNAGAR DISTRICT COOPERATIVE C ENTRA L BANK LTD., KARIMNAGAR 3 1. DRAFT DICTATED ON 0 6 /08/19 2. DRAFT PLACED BEFORE THE AUTHOR 0 7 /08/19 3. DRAFT PLACED BEFORE THE SECOND MEMBER 4. DRAFT APPROVED BY SECOND MEMBER 5. APPROVED DRAFT COMES TO SRPS 6. KEPT FOR PRONOUNCEMENT 09/08/2019 7. FILE SENT TO BENCH CLERK