ITO, New Delhi V. M/s. P.I. Softek Limited, Noida

ITA 472/DEL/2014

• Counselvise Citation: 47220114 RSA 2014
• Duration Of Justice: 1 year(s) 5 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-07-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 11-06-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 27-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K K JAISWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : SMC NEW DELHI BEFORE SHRI G.C. GUPTA, VICE PRESIDENT ITA NO: 472/DEL/2014 AY : - 2009-10 ITO VS. M/S. P.I. SOFTEK LIMITED WARD-14(1) C-56A/28, SEC-62 NEW DELHI. NOIDA 201301 (PAN AACCP6351J) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI K.K. JAISWAL, SR. DR RESPONDENT BY : NONE DATE OF HEARING : 11.6.2015 DATE OF PRONOUNCEMENT : 16. 7.2015 O R D E R THIS APPEAL BY THE REVENUE FOR THE ASSES SMENT YEAR 2009-10 IS DIRECTED AGAINST THE ORDER OF THE CIT(A). AT THE TIME OF HEA RING NONE APPEARED ON BEHALF OF THE ASSESSEE RESPONDENT BEFORE THE TRIBUNAL. ACCOR DINGLY THE APPEAL OF THE REVENUE IS BEING DECIDED EX PARTE QUA THE ASSESSEE RESPONDE NT ON MERITS AFTER HEARING THE LD. DR. THE GROUNDS OF APPEAL OF THE REVENUE ARE A S UNDER :- 1. THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE AN D IN LAW THE LD. CIT(A) ERRED IN DELETING THE PENALTY U/S 271(1)(C) AMOUNTING RS. 3,06,070/-. 2. THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE AS WELL AS IN LAW, THE LD. CIT(A)ERRED IN IGNORING THE FACT THAT THE ASSES SEE COMPANY HAS HIMSELF ACCEPTED DURING THE ASSESSMENT PROCEEDINGS AND ALSO APPELLATE PROCEEDINGS THAT HE HAD OCCURRED A MISTAKE IN CALCU LATING AND PAYING THE CORRECT TAX LIABILITY. ITA NO. 472/DEL/2014 ITO VS. P.I. SOFTEK LIMITED 2 2. LD. DR RELIED ON THE ORDER OF THE AO. 3. I HAVE CONSIDERED THE SUBMISSIONS OF THE LD. DR AND HAVE PERUSED THE ORDER OF THE CIT(A) AND AO. I FIND THAT THE DISPUTED AMOUNT OF PENALTY IN THIS CASE IS LESS THAN THE AMOUNT OF RS. 4 LACS, THE MONETARY LIMIT F IXED BY THE CBDT FOR PREFERRING AN APPEAL TO THE TRIBUNAL. IN THESE FACTS I AM OF T HE VIEW THAT THE PRESENT APPEAL OF THE REVENUE IS NOT MAINTAINABLE AS THE DISPUTED AMO UNT OF PENALTY IS LESS THAN THE AMOUNT OF MONETARY LIMIT FIXED BY THE CBDT FOR PREF ERRING AN APPEAL TO THE TRIBUNAL AND ACCORDINGLY THE PRESENT APPEAL OF THE REVENUE I S DISMISSED IN LIMINE. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16/7/2015. SD/- (G.C. GUPTA) VICE PRESIDENT DATED: THE 16/7/2015 *VEENA COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR 6. GUARD FILE BY ORDER DY. REGISTRAR ITA NO. 472/DEL/2014 ITO VS. P.I. SOFTEK LIMITED 3 SL. NO. DESCRIPTION DATE 1. DATE OF DICTATION BY THE AUTHOR 11.6.2015 2. DRAFT PLACED BEFORE THE DICTATING MEMBER 12.6.2015 3. DRAFT PLACED BEFORE THE SECOND MEMBER 4. DRAFT APPROVED BY THE SECOND MEMBER 5. DATE OF APPROVED ORDER COMES TO THE SR. PS 6. DATE OF PRONOUNCEMENT OF ORDER 7. DATE OF FILE SENT TO THE BENCH CLERK 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER