DY. CIT, CENTRAL CIRCLE-2(2), Nagpur V. SHRI PREMROOP V. SAHU, Nagpur

ITA 119/NAG/2017

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 9677 (ITAT-NAGPUR)
• Duration Of Justice: 5 year(s) 2 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-06-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 29-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJEEV BENJWAL
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR U.S, JUDICIAL MEMBER ITA Nos.119 & 120/Nag./2017 (Assessment Yeasr : 2009–10 & 2010–11) DCIT, CC–2(2) Room No.207, 2 nd Floor Aaykar Bhawan Civil Lines Nagpur–440 001 ............... Appellant v/s Shri Premroop V. Sahu 150, Shree Sikhsagar Apartment Wardhman Nagar Nagpur–440 008 PAN No: AOEPS4542R ................... Respondent Assessee by : Shri K.M.Gupta Revenue by : Shri Rajeev Benjwal, CIT Date of Hearing – 07.06.2022 Date of Order – 07.06.2022 O R D E R PER SHRI VIKRAM SINGH YADAV, A.M. These are two appeals filed by the Revenue directed against orders of the Learned Commissioner of Income Tax(Appeals)-3, Nagpur, dated 30.01.2017 for Assessment Years 2009–10 & 2010–11 respectively. 2 Premroop V. Sahu 2. During the course of hearing, the ld. AR submitted that the quantum of tax effect in dispute in the appeal filed by the revenue for A.Y. 2009–10 amounts to . 28,42,671/– and for A.Y. 2010–11 it comes to . 36,07,325/–. It was accordingly submitted that as per CBDT circular No. 17/2019, dated 08.08.2019, wherein the monetary limit has been fixed for filing appeal before the Tribunal by the department and which has been fixed at . 50 lacs and in these two cases, since the tax effect involved is below the monetary limit fixed for filing appeal before the Tribunal, both the appeals filed by the Revenue should be dismissed on account of low tax effect. 3. Per contra, the ld. DR fairly submitted that the tax effect involved in both these appeals is below the monetary threshold fixed by the CBDT vide its circular dated 08.08.2019 and the department does not wish to press these appeals and same may be allowed to be withdrawn. 4. After hearing both the parties and taken into consideration the material available on record, both the appeals filed by the Revenue are dismissed as withdrawn on account of low tax effect as per the CBDT circular No.17/2019, dated 08.08.2019 5. In the result, both appeals filed by the Revenue are dismissed. 3 Premroop V. Sahu Order pronounced in the open Court on 07 .06.2022 Sd/– YOGESH KUMAR U.S JUDICIAL MEMBER Sd/– VIKRAM SINGH YADAV ACCOUNTANT MEMBER NAGPUR, DATED: 07 .06.2022 Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The CIT(A); (4) The CIT, Nagpur City concerned; (5) The DR, ITAT, Nagpur; (6) Guard file. True Copy By Order Kasarla Thirumalesh Sr. Private Secretary (A.R./Sr. P.S./P.S.) ITAT, Nagpur