Appeal details
Counselvise Citation
[2023] 100 COUNSELVISE.COM (IT) 8658 (ITAT-NAGPUR)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
4 year(s) 5 month(s) 26 day(s)
Appellant
Respondent
Appeal Type
Cross Objection
Pronouncement Date
30-07-2023
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
DB
Next Hearing Date
27-07-2023
Assessment Year
2009-2010
Appeal Filed On
03-02-2019
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH (At e- Court, Pune) BEFORE SHRI R.S.SYAL, VICE PRESIDENT AND SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. /ITA No.223/Nag/2018 नधा रण वष / Assessment Year : 2009-10 DCIT, Amravati Circle, Amravati Vs. Sanjay Shankarrao Jadhao, Prop. M/s. Jadhao Gears, M/s. Jadhao Icons and M/s. Jadhao Contex, MIDC, Amravati – 444 602 Maharashtra PAN : AARPJ6547L Appellant Respondent Co.No.01/Nag/2019 (Arising out of ITA No.223/Nag/2018 नधा रण वष / Assessment Year : 2009-10 Sanjay Shankarrao Jadhao, Prop. M/s. Jadhao Gears, M/s. Jadhao Icons and M/s. Jadhao Contex, MIDC, Amravati – 444 602 Maharashtra PAN : AARPJ6547L Vs. DCIT, Amravati Circle, Amravati Appellant Respondent Assessee by : Shri K.P. Dewani Revenue by : Smt. Rashmi Mathur स ु नवाई क तार ख / Date of Hearing : 28.07.2023 घोषणा क तार ख / Date of Pronouncement : 31.07.2023 आदेश / ORDER PER R.S.SYAL, VP: The appeal by the Revenue and CO by the assessee are directed against the order dated 28-06-2018 passed by the ld. CIT(A)-1 Nagpur in relation to the assessment year 2009-10. 2 ITA No.223/Nag/2018 Co No.01/Nag/2019 Sanjay Shankarrao Jadhao 2. At the outset, the ld. DR admitted that the tax effect in this appeal was less than Rs.50.00 lakh. The CBDT has issued circular No.17/2019 dated 08-08-2019 revising upward the monetary limits for filing of appeals by the Department in Income-tax Cases before various appellate forums. The earlier circular No.03/2018 dated 11-07-2018 fixed monetary limit for filing of appeals by the Revenue before the Tribunal at Rs.20.00 lakh. Such limit has now been enhanced in the recent Circular dated 08-08-2019 to Rs.50.00 lakh. Since tax effect in the appeal under consideration is admitted to be less than the prescribed monetary limit of Rs.50.00 lakh, we are not inclined to entertain this appeal. This appeal of the Revenue is liable to be and is hereby not allowed to be prosecuted. However, it is clarified that if, later on, it is found that the tax effect is more than the monetary limit of Rs.50.00 lakh, the Department will be at liberty to move application for restoration of the appeal. 3. Since the appeal of the Revenue is dismissed on account of low tax effect, the CO filed by the assessee, which is only in support of the ld. CIT(A)’s order, becomes infructuous. 4. In the result, the appeal of the Revenue and the CO of the assessee are dismissed. Order pronounced in the Open Court on 31 st July, 2023. Sd/- Sd/- (S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT प ु णे / Pune; दनांक / Dated : 31 st July, 2023 Satish 3 ITA No.223/Nag/2018 Co No.01/Nag/2019 Sanjay Shankarrao Jadhao आदेश क त ल प अ े षत / Copy of the Order forwarded to : 1. अपीलाथ / The Appellant. 2. !यथ / The Respondent. 3. The CIT-1, Nagpur 4. "वभागीय त न%ध, आयकर अपील य अ%धकरण, “नागप ु र” ब ' च, / DR, ITAT, “Nagpur” Bench 5. गाड फ़ाइल / Guard File. // True Copy // आदेशान ु सार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपील य अ%धकरण, प ु णे / ITAT, Pune * Date 1. Draft dictated on 28-07-2023 Sr.PS 2. Draft placed before author 31-07-2023 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.
