SHRI AJAY SARAF, Nagpur V. DY. C.I.T. CENTRl cir.-2(2), Nagpur

CO 12/NAG/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9001 (ITAT-NAGPUR)
• Duration Of Justice: 2 year(s) 9 month(s) 28 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 13-01-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 16-03-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AGNES P THOM A
• Assessee Lawyers: HITESH P SHAH
• Keywords: Tax effect
• Section: 13

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL BENCH, NAGPUR ( AT E - COURT, PUNE ) BEFORE SHRI R.S. SYAL , VP AND SHRI PARTHA SARATHI CHAUDHURY , JM SL. NO. ITA NO. /CO NO. NAME OF APPELLANT NAME OF RESPONDENT ASST. YEAR 1 234/NAG/2015 ACIT, CHANDRAPUR CIRCLE, CHANDRAPUR SHRI SUBHASHCHANDRA K. DEBNATH, M/S. S.C. DEBNATH, BEHIND PATEL SAW MILL, SHASTRI NAGAR, CHANDRAPUR - 442401 PAN: AFVPD6090F 2010 - 11 2 282/NAG/2015 DCIT, CIRCLE - 1, NAGPUR SMT. KAVITA ANIL TANEJA 3, ROSE VILLA, VIJAY NAGAR, NAGPUR 440013 PAN: AAGP8839ET 2011 - 12 3 303/NAG/2015 ITO, WARD 5(1), NAGPUR SHRI NANDKUMAR S. KHANDATE P.NO.45, AMBAZARI HILL TOP, NAGPUR 440010 PAN: AIXPK7964N 2011 - 12 4 507/NAG/2016 DCIT, CENTRAL CIRCLE 2(2), NAGPUR SHRI AJAY GOVINDDAS SARAF FLAT NO.C - 2, YOGESHWAR GANGA APARTMENT, 97 & 98, FARMLAND, RAMDASPETH, NAGPUR - 440012 PAN: AQFPS2701 K 2007 - 08 5 CO NO.12/NAG/2017 SHRI AJAY GOVINDDAS SARAF FLAT NO.C - 2, YOGESHWAR GANGA APARTMENT, 97 & 98, FARMLAND, RAMDASPETH, NAGPUR - 440012 PAN: AQFPS2701K DCIT, CENTRAL CIRCLE 2(2), NAGPUR 2007 - 08 2 LT GROUP OF CASES, NAGPUR 6 599/NAG/2016 ITO, WARD 1(1), NAGPUR M/S. ADITYA DEVELOPERS JANKI BHAWAN, DHARAMPETH, NAGPUR - 440010 PAN: AAKFA0132B 2012 - 13 7 16/NAG/2019 ACIT, CIRCLE 4, NAGPUR M/S. INEX INFOTECH PVT. LTD., PLOT NO.101, EAST HIGH COURT ROAD, NEW RAMDASPETH, NAGPUR - 440010 PAN: AABCI4799N 2010 - 11 8 CO NO.03/NAG/2019 M/S. INEX INFOTECH PVT. LTD., PLOT NO.101, EAST HIGH COURT ROAD, NEW RAMDASPETH, NAGPUR - 440010 PAN: AABCI4799N ACIT, CIRCLE 4, NAGPUR 2010 - 11 9 17/NAG/2019 ACIT, CIRCLE 4, NAGPUR M/S. TAURUS VINIYOG PVT. LTD., PLOT NO.101, EAST HIGH COURT ROAD, NEW RAMDASPETH, NAGPUR - 440010 PAN: AACCT3400C 2010 - 11 10 CO NO.04/NAG/2019 M/S. TAURUS VINIYOG PVT. LTD., PLOT NO.101, EAST HIGH COURT ROAD, NEW RAMDASPETH, NAGPUR - 440010 PAN: AACCT3400C ACIT, CIRCLE 4, NAGPUR 2010 - 11 11 29/NAG/2019 ACIT, CIRCLE 4, NAGPUR M/S. MAHATMA SUGAR & POWER LTD., 2 ND FLOOR, KHADI GRAMODHOG BHAVAN, OPP GANDHI SAGAR, MAHAL, NAGPUR - 440032 PAN: AABCC4613R 2014 - 15 12 CO NO.09/NAG/2019 M/S. MAHATMA SUGAR & POWER LTD., 2 ND FLOOR, KHADI GRAMODHOG BHAVAN, OPP GANDHI SAGAR, MAHAL, NAGPUR - 440032 PAN: AABCC4613R ACIT, CIRCLE 4, NAGPUR 2014 - 15 3 LT GROUP OF CASES, NAGPUR 13 186/NAG/2019 ITO, WARD - 1, GONDIA SHRI DILIP WAMAN BANSOD, VILLAGE THANEGAON, THANEGAON, TIRODA, GONDIA - 441911 PAN: AJAPB5312M 2010 - 11 14 - 16 147/NAG/2019 TO 149/NAG/2019 ITO, WARD 5(1), NAGPUR SHRI MADAN AKANTRAO MATEY, PLOT NO.35, VARADE PATIL LAYOUT, PRATAP NAGAR, NAGPUR 440022 PAN: ABHPM5570H 2010 - 11 2011 - 12 2012 - 13 A SSESSEE BY : S /S HRI HINESH DEMBLE, MUKESH AGARWAL , SUPESH BANDHYA AND HITESH P. SHAH REVENUE BY : SMT. AGNES P THOM A S / DATE OF HEARING : 1 3 . 0 1 .20 20 / DATE OF PRONOUNCEMENT : 13 . 0 1 .2020 / ORDER PER BENCH : THIS BUNCH OF APPEALS PREFERRED BY THE REVENUE FOR THE VARIOUS ASSESSMENT YEARS MENTIONED IN THE CAPTION EMANATES FROM THE ORDER S OF COMMISSIONER OF INCOME TAX (APPEALS) . SOME ASSESSEE S HA VE PREFERRED CO S AGAINST RESPECTIVE CAPTIONED APPEALS . 2. THE LD. AR OF THE ASSESSEES SUBMITTED AT THE OUTSET THAT THE APPEALS OF REVENUE ARE LIABLE TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT IN TERMS OF RECENT CBDT CIRCULAR NO.17/2019 [F NO.279/MISE.142/2007 - ITJ (PT)], DATED 08 - 08 - 2019 READ WITH CIRCULAR NO.3 OF 2018 DATED 11.07.2018 REVISING THE UPWARD MONETARY LIMITS FOR FILING OF APPEALS IN INCOME TAX CASES BEFORE 4 LT GROUP OF CASES, NAGPUR VARIOUS APPELLATE FORUMS. THE EARLIER CBDT CIRCULAR NO.03/2019 DATED 11.07.2018 FIXED MONETARY LIMIT FOR FILING OF APPEALS BEFORE THE TRIBUNAL AT RS.20 LAKHS. SUCH LIMIT HAS BEEN ENHANCED IN THE RECENT CBDT CIRCULAR DATED 08.08.2019 FROM RS.20 LAKHS TO RS. 50 LAKHS. THE LD. AR OF THE ASSESSEE POINTED THAT TAX EFFECT INVOLVED INCLUDING SURCHARGE AND CESS IN ALL THE APPEAL S IS LESS THAN RS.50 LAKHS. 3. THE LD. DR FAIRLY ADMITTED THAT IN THE PRESENT APPEALS BY THE DEPARTMENT TAX EFFECT IS LESS THAN RS.50 LAKHS. 4. BOTH SIDES HEARD. THE REVENUE IS IN APPEAL AGAINST RESPECTIVE ORDER S OF LD. CIT(APPEALS) IN DELETING TH E ADDITIONS. UNDISPUTEDLY, THE TAX EFFECT INVOLVED IN THESE APPEALS IS LESS THAN THE MONETARY LIMIT PRESCRIBED BY THE RECENT CBDT CIRCULAR NO.17/2019 [F NO.279/MISE.142/2007 - ITJ (PT)] DATED 08 - 08 - 2019 READ WITH CIRCULAR NO.3 OF 2018 DATED 11.07.2018 FOR F ILING OF APPEALS BEFORE THE TRIBUNAL BY THE DEPARTMENT. THE CBDT VIDE CIRCULAR DATED 08.08.2019 (SUPRA.) HAS AMENDED PARA 3 OF CIRCULAR NO.3 OF 2018 DATED 11.07.2018 THEREBY ENHANCING MONETARY LIMIT OF TAX EFFECT FROM RS.20 LAKHS TO RS.50 LAKHS FOR FILING APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL. THUS, WITHOUT GOING INTO MERIT OF THE ISSUES RAISED IN THE APPEAL, IN VIEW OF THE CBDT CIRCULAR (SUPRA) THE PRESENT APPEALS OF THE REVENUE ARE DISMISSED ON ACCOUNT OF LOW TAX EFFECT. SINCE THE APPEALS OF REV ENUE ARE DISMISSED ON ACCOUNT OF LOW TAX EFFECT, CONCERNED CO S FILED BY THE ASSESSEE S AGAINST RESPECTIVE APPEALS BECOME INFRUCTUOUS AND HENCE, THE SAME ARE ALSO DISMISSED. 5. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF APPEAL, WITH THE REQUISITE MATERIAL TO 5 LT GROUP OF CASES, NAGPUR SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DATED 11 - 07 - 2018 AND ITS AMENDMENT DATED 20 - 08 - 2018. 6. IN THE RESULT, ALL THE APPEALS OF THE REVENUE AND CO S OF CONCERNED ASSESSEE ARE DISMISSED. ORDER PRO NOUNCED IN OPEN COURT ON 13 TH DAY OF JANUARY , 20 20 . SD/ - SD/ - R.S. SYAL PARTHA SARATHI CHAUDHURY VICE PRESIDENT JUDICIAL MEMBER / PUNE; / DATED : 13 TH JANUARY , 2020 . GCVSR / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT 5 . , , / DR, ITAT, NAGPUR . 6 . / GUARD FILE. / BY ORDER, //TRUE COPY// / SR. PRIVATE SECRETARY , / ITAT, PUNE