A.C.I.T.-4(1), Agra V. M/s People Heritage Haspital Ltd., Agra

ITA 66/AGR/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9992 (ITAT-AGRA)
• Duration Of Justice: 1 year(s) 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 20-08-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 24-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: E PASS ROAD AGRA PANAAHFP C
• Keywords: Tax effect
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBE R AND MRS. ANNAPURNA MEHROTRA, ACCOUNT ANT MEMBER ITA NO. 66/AGRA/2014 ASSTT. YEAR : 2007-08 A.C.I.T., 4(1), AGRA. VS. M/S. PEOPLE HERITAGE H OSPITAL LTD. JAWAHAR NAGAR, BYE PASS ROAD, AGRA.[PAN:AAHFP 0111C] (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI WASEEM ARSHAD, SR. DR RESPONDENT BY : NONE DATE OF HEARING : 04.02.2016 DATE OF PRONOUNCEMENT : 04.02.2016 ORDER PER BHAVNESH SAINI, JUDICIAL MEMBER: THIS APPEAL BY THE REVENUE HAS BEEN DIRECTED AG AINST THE ORDER OF LD. CIT(A)-II, AGRA DATED 25.10.2013 FOR THE ASSESSMENT YEAR 2007-08, CHALLENGING THE CANCELLATION OF PART PENALTY U/S. 2 71(1)(C) OF THE ACT. 2. THE AO LEVIED PENALTY OF RS.10,08,000/- U/S. 271 (1)(C) OF THE ACT ON THE AMOUNT OF RS.29,94,643/-. THE LD. CIT(A) IN PRINCIP LE CONFIRMED THE PENALTY BUT DIRECTED THE AO TO COMPUTE THE PENALTY U/S. 271 (1)(C) ON THE AMOUNT OF RS.7,81,155/- ONLY. 3. ACCORDING TO CBDT CIRCULAR NO. 21 OF 2015 DATED 10.12.2015, IT IS DIRECTED THAT THE DEPARTMENT SHALL NOT FILE APPEAL BEFORE THE TRIBUNAL WHERE ITA NO.66/AGRA/2014 2 THE TAX EFFECT DOES NOT EXCEED MONETARY LIMIT OF RS . 10 LACS. THE TAX EFFECT WOULD NOT INCLUDE ANY INTEREST ETC. THE SAID CIRCUL AR ALSO CLARIFIES THAT IN CASE OF PENALTY ORDERS, THE TAX EFFECT WILL MEAN QUANTUM OF PENALTY DELETED OR REDUCED IN THE ORDER TO BE APPEALED AGAINST. THE AB OVE INSTRUCTIONS APPLY RETROSPECTIVELY TO THE PENDING APPEALS AND THE APPE ALS TO BE FILED HENCEFORTH BEFORE THE TRIBUNAL WITH THE DIRECTION THAT THE DEP ARTMENT WOULD EITHER WITHDRAW OR WOULD NOT PRESS THE DEPARTMENTAL APPEAL S. ADMITTEDLY, IN THE DEPARTMENTAL APPEAL, THE PENALT Y AMOUNT INVOLVED IS LESS THAN RS.10 LACS AND THE ISSUE INVOLVED IN THE DEPARTMENTAL APPEAL WOULD NOT FALL IN ANY EXCEPTION PROVIDED IN THE CIRCULAR. THE LD. DR, THEREFORE, SUBMITTED THAT AS PER ABOVE INSTRUCTION, THE DEPART MENTAL APPEAL IS NOT PRESSED. THE DEPARTMENTAL APPEAL IS, THEREFORE, DIS MISSED, BEING NOT PRESSED. IN THE RESULT, THE DEPARTMENTAL APPEAL IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (ANNAPURNA MEHROTRA) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 4 TH FEBRUARY, 2016 *AKS/- COPY OF ORDER FORWARDED TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR