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1 - 2 of 2 (0.15 seconds)Director Of Income Tax vs Shri Ravi Vijay And Anr on 9 July, 2012
3. Aggrieved, the assessee filed this appeal on the grounds that the
CIT(A) dismissed the appeal as not maintainable which is contrary to law,
erroneous and unsustainable on the facts of the case. The CIT(A) failed to
appreciate that clause 'q' of section 246A provides for an appeal remedy from
the levy of penalty under Chapter XXI and section 271FA is placed within this
Chapter and hence, the dismissal of appeal is untenable in law. The CIT(A)
failed to appreciate that the assessee is under statutory obligation to file AIR
information, only if it exceeds monetary limit prescribed u/s. 285BA and the
assessee not having exceeded the limit cannot be considered to be in default
and hence the levy of penalty is unjustified and untenable in law etc. The AR
also relied on the decision of the Rajasthan High Court in the case of Director
of Income Tax (CIB) Vs Ravi Vijay & Another & Others, S.B. Civil Writ Petition
No. 11458/2011, 11914/2011, dated 09.07.2012 which is reported in 2012 (9)
TMI (TaxManagementIndia.com) 652 and took us to the ratio laid therein that
:-3-: ITA No. 1/Mds/2017
an order u/s. 271FA (Chapter XXI) of the Act, 1961, is plainly appealable u/s.
246A(1)(q) of the 1961 Act and no amount of interpretative exercise can
displace law as enacted. Per contra, the DR relied on the order of the CIT(A).
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