Commissioner of Income-tax, Central Circle II, Chennai v. G.Akila
[Citation -2020-LL-0618-33]
| Citation | 2020-LL-0618-33 |
|---|---|
| Appellant Name | Commissioner of Income-tax, Central Circle II, Chennai |
| Respondent Name | G.Akila |
| Court | HIGH COURT OF MADRAS |
| Relevant Act | Income-tax |
| Date of Order | 18/06/2020 |
| Assessment Year | 1991-92, 1992-93, 1993-94, 1994-95, 1995-96, 1996-97, 1997-98, 1998-99, 1999-00, 2000-01, 2001-02 |
| Judgment | View Judgment |
| Keyword Tags | monetary limit • low tax effect • penalty order |
| Bot Summary: | PAN: AFWPA 6960N ...Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 11.02.2014 made in IT(SS)A.No. 13/Mds/2013 on the file of the Income Tax Appellate Tribunal 'D' Bench, Chennai for the assessment block period 1991-92 to 2000-01 and part 2001-02. Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the penalty order under Section 158 BFA(2) dated 23.10.2009 is bad in law. Whether on the facts and circumstances of the case the Income Tax Appellate Tribunal was right in holding that the penalty order is time barred ignoring the fact that the assessee has preferred an appeal and the Commissioner of Income Tax has passed the order. The learned Senior Standing Counsel for the appellant submits that the above appeal is not pursued by the Revenue on account of the low tax effect in terms of Circular No.17/2019 dated 08.8.2019 issued by the Central Board of Direct Taxes. In the light of the said submissions, the above tax case appeal is dismissed on account of the low tax effect. In the event the tax effect is above the threshold limit fixed in the said circular, liberty is granted to the Revenue to make a mention to this Court to restore the appeal to be heard and decided on merits. |