Dismissing the appeal of the revenue the Tribunal held that penalty and quantum assessment proceedings are distinct and separate. The exception provided in para 10(e) of the circular is applicable only for the quantum proceedings and cannot be made applicable for penalty proceedings. Therefore, in the light of Circular No. 17 of 2019 (2019) 426 ITR 106 (St), the appeal of the Revenue was not maintainable. (AY.2009-10)
Dy. CIT v. Aluvind Architectural Pvt. Ltd. (2021) 88 ITR 421 (Mum.) (Trib.)
S. 253 : Appellate Tribunal-Monetary limits-Penalty-Exception provided in para 10(e) of Circular No. 17 of 2019 (2019) 426 ITR 106 (St), applicable only for quantum proceedings and cannot be applicable for penalty proceedings – Appeal is not maintainable. [S. 254(1), 271(1)(c)]