INCOME TAX OFFICER , WARD -5(2), NAGPUR V. SHRI GAURISHANKAR BADRIPRASAD AGRAWAL , NAGPUR

ITA 107/NAG/2018

AI Insights

The case involves an appeal by the Income Tax Officer, Ward-5(2), Nagpur against Gaurishankar Badriprasad Agrawal concerning the assessment year 2014-15. The appeal was directed against the order passed by the CIT(A)-1 Nagpur. The primary contention in the appeal was the tax effect, which was admitted by the Department to be less than Rs. 50 lakh, falling below the threshold set by the CBDT for filing appeals. Consequently, the tribunal decided not to entertain the appeal under the revised monetary limits.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 301443 (ITAT-NAGPUR)
• Duration Of Justice: 5 year(s) 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-07-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 25-07-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 07-05-2018
• Laws Referred To: CBDT Circular No.17/2019, CBDT Circular No.03/2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RASHMI NATHUR
• Keywords: 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 No.107/Nag/2018 नधा रण वष / Assessment Year : 2014-15 ITO, Ward-5(2), Nagpur Vs. Gaurishankar Badriprasad Agrawal, Kanchangiri Flats, Buty Road, Sitabuldi, Nagpur 440 010 Maharashtra PAN : AGAPA8212G Appellant Respondent Assessee by : Shri Mukesh Agrawal Revenue by : Smt. Rashmi Nathur 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: This appeal by the Revenue is directed against the order dated 15-02-2018 passed by the CIT(A)-1 Nagpur in relation to the assessment year 2014-15. 2. At the outset, the ld. DR admitted that the tax effect in this appeal 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 2 ITA No.107/Nag/2018 Gaurishankar Badriprasad Agrawal 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 the appeal under consideration is admitted to be less than the revised monetary limit of Rs.50.00 lakh, we are not inclined to entertain this appeal. However, later on, if the tax effect is found to be more than the monetary limit of Rs.50.00 lakh, the Department will be at liberty to move application for restoration of the appeal. 3. In the result, the appeal is 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 No.107/Nag/2018 Gaurishankar Badriprasad Agrawal आदेश क त ल प अ े षत / Copy of the Order forwarded to : 1. अपीलाथ / The Appellant. 2. !यथ / The Respondent. 3. The CIT-1, 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.