DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), NAGPUR, NAGPUR V. HARMONY AAC PRODUCTS PRIVATE LIMITED, NAGPUR

ITA 333/NAG/2023

AI Insights

The case involves multiple appeals filed by the Revenue against different assessees concerning various assessment years. The primary legal issue was the maintainability of the appeals in light of the revised monetary limit set by the CBDT for filing appeals. The assessees argued that the tax effect was below the threshold, making the appeals not maintainable. The Revenue, upon review, agreed with this assessment and decided to withdraw the appeals. The Tribunal, after considering the submissions and the CBDT Circular, allowed the withdrawal of the appeals.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 41561 (ITAT-NAGPUR)
• Duration Of Justice: 1 year(s) 1 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-11-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 22-10-2024
• Assessment Year: 2019-2020
• Appeal Filed On: 05-10-2023
• Laws Referred To: CBDT Circular no.09 of 2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY AGRAWAL; ABHAY Y. MARATHE; ABHAY Y. MARATHE; ABHAY Y. MARATHE; ABHAY Y. MARATHE; ABHAY Y. MARATHE; ABHAY Y. MARATHE
• Assessee Lawyers: VEENA AGRAWAL; MAHAVIR ATAL AW ANAND DAGA; MAHAVIR ATAL; MAHAVIR ATAL; MAHAVIR ATAL; MAHAVIR ATAL; MAHAVIR ATAL
• 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.119/Nag./2023 (Assessment Year : 2015–16) Dy. Commissioner of Income Tax Central Circle–2(1), Nagpur ……………. Appellant v/s Manojkumar Parmanand Singhania Prop: Agrasen Financial Services Bajoria Market, Main Road, Nehru Chowk Yavatmal 445 001 PAN – AFHPS2846C ……………. Respondent Assessee by : Smt. Veena Agrawal Revenue by : Shri Vijay Agrawal ITA no.223/Nag./2023 (Assessment Year : 2018–19) Income Tax Officer Ward–1(2), Nagpur ……………. Appellant v/s Indus Papers E–32–A, Hingna Road MIDC, Nagpur 440 016 PAN – AAAFI3073M ……………. Respondent Assessee by : Shri Mahavir Atal a/w Shri Anand Daga Revenue by : Shri Abhay Y. Marathe ITA no.330/Nag./2023 (Assessment Year : 2017–18) Dy. Commissioner of Income Tax Central Circle–2(1), Nagpur ……………. Appellant v/s Harmony Homes 731, Khare Tower, Near Annapurna Kirana Dharampeth, Nagpur 440 010 PAN – AAEFH1397K ……………. Respondent Assessee by : Shri Mahavir Atal Revenue by : Shri Abhay Y. Marathe 2 ITA no.331/Nag./2023 (Assessment Year : 2018–19) Dy. Commissioner of Income Tax Central Circle–2(1), Nagpur ……………. Appellant v/s Harmony Homes 731, Khare Tower, Near Annapurna Kirana Dharampeth, Nagpur 440 010 PAN – AAEFH1397K ……………. Respondent Assessee by : Shri Mahavir Atal Revenue by : Shri Abhay Y. Marathe ITA no.332/Nag./2023 (Assessment Year : 2019–20) Dy. Commissioner of Income Tax Central Circle–2(1), Nagpur ……………. Appellant v/s Harmony Homes 731, Khare Tower, Near Annapurna Kirana Dharampeth, Nagpur 440 010 PAN – AAEFH1397K ……………. Respondent Assessee by : Shri Mahavir Atal Revenue by : Shri Abhay Y. Marathe ITA no.333/Nag./2023 (Assessment Year : 2019–20) Dy. Commissioner of Income Tax Central Circle–2(1), Nagpur ……………. Appellant v/s Harmony AAC Products Pvt. Ltd. House no.731, F.No.101, Security Apartment Khare Town, Dharampeth, Nagpur 440 010 PAN – AACCH9011R ……………. Respondent Assessee by : Shri Mahavir Atal Revenue by : Shri Abhay Y. Marathe 3 ITA no.334/Nag./2023 (Assessment Year : 2019–20) Dy. Commissioner of Income Tax Central Circle–2(1), Nagpur ……………. Appellant v/s Harmony Ventures Plot no.43, Flat no.701, 7th Floor Tranquility, Near Traffic Park Dharampeth, Nagpur 440 010 PAN – AAGFH9672P ……………. Respondent Assessee by : Shri Mahavir Atal Revenue by : Shri Abhay Y. Marathe Date of Hearing – 06/11/2024 Date of Order – 18/11/2024 O R D E R PER K.M. ROY, A.M. The captioned appeals have been filed by the Revenue against six different assessees. The details of impugned orders under challenge before us are as follows:– Name of Assessee A.Y. Date of impugned order Impugned order passed by Manojkumar Parmanand Singhania 2015–16 14/03/2023 CIT(A)–3, Nagpur Indus Papers 2018–19 18/05/2023 National Faceless Appeal Centre, Delhi, Harmony Homes 2017–18 07/08/2023 CIT(A)–3, Nagpur Harmony Homes 2018–19 07/08/2023 CIT(A)–3, Nagpur Harmony Homes 2019–20 07/08/2023 CIT(A)–3, Nagpur Harmony AAC Products Pvt. Ltd. 2019–20 07/08/2023 CIT(A)–3, Nagpur Harmony Ventures 2019–20 07/08/2023 CIT(A)–3, Nagpur 4 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 is not maintainable. 3. The learned Departmental Representative submitted that since the tax effect on the amounts disputed by the Revenue is below the revised monetary limit of ` 60 lakh, as stated above, hence, the learned D.R. wish to withdraw all these appeals. 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 appeals are admittedly 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, the Revenue is hereby permitted to withdraw the appeals. 5. In the result, appeals filed by the Revenue are dismissed as withdrawn. Order pronounced in the open Court on 18/11/2024 Sd/- V. DURGA RAO JUDICIAL MEMBER Sd/- K.M. ROY ACCOUNTANT MEMBER NAGPUR, DATED: 18/11/2024 5 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 "