Shri. Shrikrishna Shankar Jog, Nagpur V. Assistant Commissioner of Income Tax,Circle-1, Nagpur

CO 5/NAG/2011

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 2227 (ITAT-NAGPUR)
• Duration Of Justice: 7 year(s) 9 month(s) 22 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 25-03-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 02-06-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

UKXIQJ , UKXIQJ IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR . , , BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO.82/NAG/2011 / ASSESSMENT YEAR : 2007-08 ACIT, CIRCLE1, NAGPUR. ....... / APPELLANT / V/S. SHRI SHRIKRISHNA SHANKAR JOG, JOGWADA PRASAD NAGAR, AJANI, NAGPUR. PAN : ABFPJ8697J / RESPONDENT C.O. NO.05/NAG/2011 (ARISING OUT OF ITA NO.82/NAG/2011) ASSESSMENT YEAR : 2007-08 SMT. VRUNDA R. PATWARDHAN, FOR SHRIKRISHNA SHANKAR JOG, 202, PATWARDHAN APPT. SONI LANE, SITABULDI, NAGPUR. PAN : ABFPJ8697J ....... / APPELLANT / V/S. ACIT, CIRCLE1, NAGPUR. / RESPONDENT REVENUE BY : SHRI R. K. BARAL, DR ASSESSEE BY : SHRI V. V. SARANJAM / DATE OF HEARING : 25.03.2019 / DATE OF PRONOUNCEMENT : 25.03.2019 / ORDER 2 ITA NO.82/NAG/2011 C.O. NO.05/NAG/2011 PER D. KARUNAKARA RAO, AM: THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORDER OF CIT(A)-1, NAGPUR DATED 28.02.2011 FOR THE ASSESSMENT YEAR 2007-08. THE ASSESSEE HAS FILED THE CROSS OBJECTION AGAINST THE APPEAL OF THE REVENUE. 2. BEFORE US, LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS.20 LAKHS. THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR NO.03/2018 [F.NO.279/MISC.142/2007-ITJ (PT)] DATED 11TH JULY, 2018 WHICH IS APPLICABLE EVEN TO PENDING APPEALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. 3. THE LD. DR FAIRLY ADMITTED THAT THE TAX EFFECT INVOLVED IN THE IMPUGNED APPEAL IS LESS THAN RS.20 LAKHS AND THEREFORE, THE APPEAL FILED BY THE REVENUE HAS TO BE DISMISSED. 3 ITA NO.82/NAG/2011 C.O. NO.05/NAG/2011 4. AFTER HEARING BOTH THE SIDES, WE FIND THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IN THE IMPUGNED APPEAL IS ADMITTEDLY BELOW RS.20 LAKHS. THEREFORE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE IN VIEW OF THE CBDT CIRCULAR NO.3/2018, DATED 11.07.2018 WHICH HAS REVISED THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL WITH RETROSPECTIVE EFFECT. AS PER THE SAID CIRCULAR (SUPRA), THE MONETARY LIMIT OF TAX EFFECT FOR FILING OF APPEALS BEFORE THE TRIBUNAL BY THE DEPARTMENT HAS BEEN RAISED TO RS.20 LAKHS. WE FIND THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW RS.20 LAKHS. THEREFORE, WITHOUT GOING INTO THE MERITS OF THE ISSUES/GROUNDS, THE PRESENT APPEAL IS DISMISSED AS THE SAID APPEAL IS IN CONTRAVENTION OF THE CBDT CIRCULAR DATED 11-07-2018 (SUPRA). 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. C.O. NO.05/NAG/2011 (BY ASSESSEE) 6. SINCE THE APPEAL OF THE REVENUE IS DISMISSED AS THE TAX EFFECT INVOLVED IN THE APPEAL OF THE REVENUE IS BELOW RS. LAKHS AS PER THE CBDT CIRCULAR DATED 11-07-2018 (SUPRA), THEREFORE, THE ADJUDICATION 4 ITA NO.82/NAG/2011 C.O. NO.05/NAG/2011 OF THE CROSS OBJECTION OF THE ASSESSEE BECOMES ACADEMIC EXERCISE. THUS, THE CROSS OBJECTION OF THE ASSESSEE IS DISMISSED AS ACADEMIC. 7. RESULTANTLY, THE APPEAL OF THE REVENUE AS WELL AS THE CROSS OBJECTION OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH DAY OF MARCH, 2019. SD/- SD/- ( /VIKAS AWASTHY) ( . /D. KARUNAKARA RAO) / JUDICIAL MEMBER / ACCOUNTANT MEMBER UKXIQJ / NAGPUR; / DATED : 25 TH MARCH, 2019. SUJEET / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A) 4. THE CIT 5. , , UKXIQJ , UKXIQJ / DR, ITAT, NAGPUR BENCH, NAGPUR. 6. / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , UKXIQJ / ITAT, NAGPUR.