DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), NAGPUR V. MANOJ KUMAR VISHANDAS KAMNANI, NAGPUR

ITA 89/NAG/2023

AI Insights

The case involves an appeal by the Revenue against an order passed by the learned Commissioner of Income Tax (Appeals)\u20133, Nagpur, concerning the assessment year 2020\u201321. The appeal was contested on the grounds that the tax effect on the disputed amount was below the revised monetary limit of \'60 lakh, as stipulated by the CBDT Circular no.09 of 2024. Both parties agreed on the monetary limit, leading to the dismissal of the appeal. The assessee was represented by Shri Himesh Demle, and the Revenue by Shri Sandipkumar Salunke.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 24393 (ITAT-NAGPUR)
• Duration Of Justice: 1 year(s) 6 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-10-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 22-10-2024
• Assessment Year: 2020-2021
• Appeal Filed On: 29-03-2023
• Laws Referred To: CBDT Circular no.09 of 2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANDIPKUMAR SALUNKE
• Assessee Lawyers: HIMESH DEMLE
• Keywords: Tax effect

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA no.89/Nag./2023 (Assessment Year : 2020–21) Dy. Commissioner of Income Tax Central Circle–2(2), Nagpur ……………. Appellant v/s Manoj Kumar Vishandas Kamnani 499, C/o Manoj V. Kamnani Uthkana Chowk, Medical Road Nagpur 440 018 PAN – AFLPK0602G ……………. Respondent C.O. no.2/Nag./2023 (Arising out of ITA no.89/Nag./2023) (Assessment Year : 2020–21) Manoj Kumar Vishandas Kamnani 499, C/o Manoj V. Kamnani Uthkana Chowk, Medical Road Nagpur 440 018 PAN – AFLPK0602G ……………. Cross Objector (Original Respondent) v/s Dy. Commissioner of Income Tax Central Circle–2(2), Nagpur ……………. Respondent (Original Appellant) Assessee by : Shri Himesh Demle Revenue by : Shri Sandipkumar Salunke Date of Hearing – 22/10/2024 Date of Order – 25/10/2024 O R D E R PER BENCH Appeal by the Revenue and Cross Objection by the assessee are against the impugned order dated 27/01/2023, passed by the learned Commissioner Manoj Kumar Vishandas Kamnani ITA no.89/Nag./2023 ITA no.2/Nag./2023 Page | 2 of Income Tax (Appeals)–3, Nagpur, [“learned CIT(A)”], for the assessment year 2020–21. 2. At the outset, the leaned Authorised Representative appearing for the assessee submitted that the tax effect on the amount disputed by the Revenue is below the revised monetary limit of ` 60 lakh applicable to appeals before the Tribunal, as per CBDT Circular no.09 of 2024, dated 17/09/2024. Thus, the learned A.R. submitted that the Revenue’s appeals being covered under the aforesaid Circular are not maintainable. 3. The learned Departmental Representative agreed that the tax effect on the amount disputed by the Revenue is below the monetary limit of ` 60 lakh for both the years under consideration. 4. Having heard the arguments of rival parties, perused the material available on record and gone through the orders of the authorities below, we are of the view that the tax effect on the amount disputed by the Revenue in the present appeal is below the revised monetary limit of ` 60 lakh as per CBDT Circular cited supra. It also stands clarified by the CBDT that the revised monetary limit of ` 60 lakh, as per the aforesaid CBDT Circulars, would also apply to all pending appeals. In view of the aforesaid, Revenue’s appeals deserve to be dismissed. However, the Revenue is given liberty to seek recall of this order if, at a later point of time, it is found that the appeal fall under any of the exceptions provided in the CBDT Circular referred to above. Manoj Kumar Vishandas Kamnani ITA no.89/Nag./2023 ITA no.2/Nag./2023 Page | 3 5. In the result, appeal filed by the Revenue is dismissed. Order pronounced in the open Court on 25/10/2024 Sd/- K.M. ROY ACCOUNTANT MEMBER Sd/- V. DURGA RAO JUDICIAL MEMBER NAGPUR, DATED: 25/10/2024 Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The PCIT / CIT (Judicial); (4) The DR, ITAT, Nagpur; and (5) Guard file. True Copy By Order Pradeep J. Chowdhury Sr. Private Secretary Sr. Private Secretary ITAT, Nagpur "