ITO, Haridwar V. M/s. Navyug Industries, Haridwar

ITA 5746/DEL/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9793 (ITAT-DEHRADUN)
• Duration Of Justice: 4 year(s) 3 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 07-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N C UPPADHAY
• Keywords: Tax effect
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DEHRADUN CIRCUIT BENCH: DEHRADUN BEFORE, SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO.5746/DEL/2016 (ASSESSMENT YEAR 2012-13) INCOME TAX OFFICER, WARD-1(3)(2), HARIDWAR (UK) VS. M/S NAVYUG INDUSTRIES PLOT NO.56,57, 58 & 59, SIDCUL, HARIDWAR. PAN AAFFN 8290E (APPELLANT) (RESPONDENT) APPELLANT BY SH. N.C. UPPADHAY, SR. DR RESPONDENT BY NONE DATE OF HEARING 05.03.2021 DATE OF PRONOUNCEMENT 05.03.2021 ORDER PER SUDHANSHU SRIVASTAVA, JM: THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST O RDER DATED 29.08.2016 PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS), DEHRADUN {CIT(A)} FOR ASSESSMENT YE AR 2012-13 AND CHALLENGES THE DELETION OF PENALTY OF RS.83,63,210/ - IMPOSED U/S 271(1)(C) OF THE INCOME TAX ACT, 1961. 2 ITA NO.5746/DEL/2016 ITO VS. M/S NAVYUG INDU STRIES 2.0 NONE WAS PRESENT ON BEHALF OF THE ASSESSEE (I.E ., RESPONDENT) WHEN THE APPEAL WAS CALLED OUT FOR HEARIN G. 3.0 THE LD. SR. DEPARTMENTAL REPRESENTATIVE (DR) F AIRLY SUBMITTED THAT THE MONITORY VALUE INVOLVED IN THIS APPEAL WAS MUCH LESS THAN THE MONITORY LIMIT PRESCRIBED FOR PREFERR ING APPEALS BEFORE THE INCOME TAX APPELLATE TRIBUNAL. THE LD. SR. DR F AIRLY ACCEPTED THAT THIS APPEAL WAS NOT MAINTAINABLE IN VIEW OF THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08.2019 HAS REVISED TH E MONETARY LIMIT FOR FILING THE APPEALS BEFORE THE TRIBUNAL TO RS.50 LACS. FURTHER, CBDT VIDE LETTER DATED 20.08.2019 HAS ALSO CLARIFIED THAT CIRCULAR NO.17/2019 WOULD BE APPLICABLE TO ALL PEND ING APPEALS. IN SUCH CIRCUMSTANCES, THE PRESENT APPEAL FILED BY THE REVENUE IN CASE OF LOW TAX EFFECT IS NOT MAINTAINABLE. 4.0 BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUT ION OF APPEAL, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEA L IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA-10 OF THE CIRCULA R DATED 11.07.2018. 3 ITA NO.5746/DEL/2016 ITO VS. M/S NAVYUG INDU STRIES 5.0 IN CONCLUSION, BY APPLYING THE CBDT CIR CULAR DATED 08.08.2019 AND LETTER DATED 20.08.2019 (SUPRA), THE CAPTIONED APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT P RESSED. 6.0 IN THE FINAL RESULT, THE APPEAL OF THE R EVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 05.0 3.2021. SD/- SD/- (PRASHANT MAHARISHI) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 05/03/2021 PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI (DEHRADUN CIRCUIT BENCH, DEHRADUN)