ZIM LABORATORIES PRIVATE LIMITED , NAGPUR V. DY. CIT,CENTRAL CIRCLE-2(1), NAGPUR

CO 14/NAG/2018

AI Insights

The case involves two appeals by the Revenue and one CO by the assessee, M/s. Zim Laboratories Pvt. Ltd., against the orders passed by the CIT(A)-3 Nagpur for the assessment years 2011-12 and 2013-14. The primary issue was the tax effect involved in the appeals, which was admitted to be less than Rs. 50 lakh. The Revenue's appeals were not entertained based on the monetary limit set by the CBDT Circular No. 17/2019. Consequently, the CO by the assessee, which was only in support of the CIT(A)'s order, was rendered infructuous.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 301452 (ITAT-NAGPUR)
• Duration Of Justice: 4 year(s) 10 month(s) 23 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 26-07-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 25-07-2023
• Assessment Year: 2011-2012
• Appeal Filed On: 03-09-2018
• Laws Referred To: CBDT Circular No.17/2019, CBDT Circular No.03/2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

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 Nos.129 & 131/Nag/2018 नधा रण वष / Assessment Years : 2011-12 & 2013-14 DCIT, Central Circle-2(1), Nagpur Vs. M/s. Zim Laboratories Pvt. Ltd., Sadoday Gyan, Ground Floor, Nelson Square, Opposite NADT, Nagpur – 440 013 Maharashtra PAN : AAACZ0200E Appellant Respondent Co.No.14/Nag/2018 (Arising out of ITA No129/Nag/2018 नधा रण वष / Assessment Year : 2011-12 M/s. Zim Laboratories Pvt. Ltd., Sadoday Gyan, Ground Floor, Nelson Square, Opposite NADT, Nagpur – 440 013 Maharashtra PAN : AAACZ0200E Vs. DCIT, Central Circle-2(1), Nagpur Appellant Respondent Assessee by : Shri Rajesh V. Loya Revenue by : Shri Maurya Pratap स ु नवाई क तार ख / Date of Hearing : 26.07.2023 घोषणा क तार ख / Date of Pronouncement : 27.07.2023 आदेश / ORDER PER R.S.SYAL, VP: These two appeals by the Revenue and one CO by the assessee are directed against the separate orders dated 28-03-2018 passed by the ld. CIT(A)-3 Nagpur in relation to the assessment years 2011-12 & 2013-14. 2 ITA Nos.129 & 131/Nag/2018 Co No.14/Nag/2018 M/s. Zim Laboratories Pvt. Ltd. 2. At the outset, the ld. DR admitted that the tax effect in these appeals 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 each of the appeals under consideration is admitted to be less than the prescribed monetary limit of Rs.50.00 lakh, we are not inclined to entertain these appeals. These appeals of the Revenue are liable to be and are 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(s). 3. Since the appeal of the Revenue for the A.Y. 2011-12 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 appeals of the Revenue and the CO of the assessee are dismissed. Order pronounced in the Open Court on 27 th July, 2023. Sd/- Sd/- (S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT प ु णे / Pune; दनांक / Dated : 27 th July, 2023 Satish 3 ITA Nos.129 & 131/Nag/2018 Co No.14/Nag/2018 M/s. Zim Laboratories Pvt. Ltd. आदेश क त ल प अ े षत / Copy of the Order forwarded to : 1. अपीलाथ / The Appellant. 2. !यथ / The Respondent. 3. The CIT-3, 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 26-07-2023 Sr.PS 2. Draft placed before author 27-07-2023 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.