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2022 (1) TMI 887 - AT - Income TaxPenalty u/s. 271FA - Maintainability of assessee appeal against penalty levy before the Tribunal - assessee did not file the Statement of Financial Transactions (SFT) u/s. 285BA in respect of the "Specified Transactions" - HELD THAT:- Section 253 of the Act contains a list of the orders appealable before the Tribunal. Sub-section (1) provides for the filing of appeals by the assessee against the orders passed under the specified sections; and sub-section (2) contains a list of the orders appealable by the Revenue. Section 253(1) does not contain an order passed u/s. 271FA. This very issue came up for consideration before the Hon'ble Rajasthan High Court in Sub-Registrar, Suratgarh, District Sri Ganganagar [2013 (2) TMI 911 - RAJASTHAN HIGH COURT] as approved the view taken by the Tribunal in dismissing the appeal against the order passed u/s. 271FA, as not maintainable - As further observed that the assessee has an alternative remedy by way of appeal against the impugned penalty order before the ld. first appellate authority, i.e. CIT(A) and allowed an opportunity to the assessee to file appeal against the order u/s. 271FA before the CIT(A). Similar view has been taken in DIT vs. Ravi Vijay & Anr.[2012 (9) TMI 652 - RAJASTHAN HIGH COURT]. No contrary view by any other High Court has been brought to our notice. Respectfully following the judgments of the Hon'ble Rajasthan High Court on this score, we dismiss the appeal of the assessee as not maintainable.
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