ITO, Kotdwar V. M/s. Nanakchand Associates, Uttrakhand

ITA 1221/DEL/2017

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 6192 (ITAT-DEHRADUN)
• Duration Of Justice: 5 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 01-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DE HRADUN BENCH, DEHRADUN (T hrough Video Conferenc ing) BEFORE SHRI R.K. PA NDA, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITA No. 1221/Del/2017 Assessme nt Year : 2012-13 Income Ta x Officer, Patel Ma rg, Kotdwar Vs. M/s Nanakchand A ssociates, Kotdwar Road, Pa ur i (PAN: A AIFN5259L) (Appellant) (Respondent) Revenue by : Sh. N.C. Upadhyay, Sr. D.R. A ssessee by : Sh. Deepesh Garg, A dv . Date of hearing : 23.03.2022 Date of pronouncement : 23.03.2022 ORDER PER R.K. PANDA, AM: This appeal by the Revenue for the assessment year 2012-13 is direc ted against the order of Lear ned CIT(A), Dehra dun dat ed 29.12.2016. 2. Learned Counsel f or t he a ssessee has subm itted tha t the tax effect in the appeal of the Revenue is below Rs. 50 lak hs. The CBDT in its Circular No.17/2019 dated 8 th August, 2019 has revised the monetary lim it for filing of the departmental appeals to the ITAT at Rs. 50 lak hs. 3. Learned Sr. DR agreed that the t ax effec t in this appeal of t he Revenue is below Rs. 50 lak hs. 2 4. In v ie w of t he above position, we deem it proper to dism iss the appe al of the Revenue in the light of the Circ ula r No.17/2019 of the CBDT dated 8 th A ugust, 2019, as not mainta inable. Howev er, if on a later date, t he Revenue finds t ha t the tax effect in dispute in the aforesaid appeal is more than the limit prescr ibed or it is protec ted by any of the exceptions provided in t he CBDT Circ ula r, it shall be at lib erty t o approach the Tribunal f or rec all of the order and reinstit ution of the a ppeal for adjudic ation on mer its. The Tribunal shall c onsider such applic ation, a s per the extant law. 5. In the result, in v iew of the af oresaid disc ussion, the Rev enue’s appeal stands dismissed. Above decision was pronounced in the presence of both the parties at the conc lusion of virtual hearing on 23 rd Marc h, 2022. Sd/- Sd/- (ANUBHAV SHARMA) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DA TE: 23.03.2022 SRB. Copy forwarded to: - 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR, ITA T Assistant Registrar