The Deputy Commissioner of Income Tax, Central Circle, Ballari., Bellary V. Shri Nagapp D. Waddar., Raichur

ITA 128/PAN/2017

AI Insights

The case involves an appeal by the Revenue against the order of the Commissioner of Income Tax (Appeals), Gulbarga, dated 01.02.2017 for the Assessment Year 2011-12. The appeal was related to the tax effect which was below Rs. 50 lakhs. Both the Departmental Representative (DR) and the Authorized Representative (AR) admitted that the appeal was not maintainable due to the low tax effect as per the CBDT circulars cited. The tribunal, after hearing both parties and considering the materials on record, dismissed the appeal on the grounds of low tax effect but allowed for the possibility of revival if exceptions to the circular were applicable in the future.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 136856 (ITAT-PANAJI)
• Duration Of Justice: 6 year(s) 5 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-09-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: WT(D)
• Next Hearing Date: 06-09-2023
• Assessment Year: 2011-2012
• Appeal Filed On: 11-04-2017
• Laws Referred To: CBDT Circular No.17/2019, CBDT Circular No.3/2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH :: PANAJI BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER & SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER (Through virtual hearing) ITA No.128/PAN/2017 (A.Y. 2011-12) DCIT, Central Circle, Ballari. vs Nagappa D. Waddar, Friends Colony, Gulbarga Road, Lingusugur, Raichur. PAN : ABEPN 0127 G Appellant Respondent Assessee by : Smt. Sunaina, AR Revenue by : Smt. Ashwini Hosmani, SR.DR Date of hearing : 07/09/2023 Date of pronouncement : 20/09/2023 O R D E R Per PARTHA SARATHI CHAUDHURY, JM: This appeal preferred by the Revenue emanates from the order of Commissioner of Income Tax (Appeals), Gulbarga [for short, ‘CIT(A)’], dated 01.02.2017 for A.Y.2011-12 as per the grounds of appeal on record. 2. At the very outset, ld.DR of the Revenue has submitted that tax effect involved in the Revenue’s appeal is below Rs.50.00 lakhs and as per the CBDT Circular No.17/2019 dated 08/08/2019 read with CBDT Circular No.3/2018 dated 11/07/2018, the appeal filed by the Revenue is not maintainable. 3. Ld.AR also admitted that the Revenue’s appeal is not ITA No.128/PAN/2017 Nagappa D Waddar 2 maintainable due to low tax effect. 4. Having heard both the parties and considering the materials on record, we find that the appeal filed by the Revenue is not maintainable due to low tax effect as per CBDT Circular No.17/2019, dated 08/08/2019 read with CBDT Circular No.3/2018, dated 11/07/2018. However, we further hold that if in the near future, it is found that this case of the Revenue falls within one of the exceptions mentioned in the said circular, then Revenue shall be at liberty to apply for revival of this appeal. With these observations, the appeal of the Revenue is dismissed on low tax effect. 5. In the result, appeal of the Revenue is dismissed. Order pronounced in open Court on 20 th September, 2023. Sd/- Sd/- (INTURI RAMA RAO) (PARTHA SARATHI CHAUDHURY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 20 th September, 2023 vr/- Copy to : 1. The Appellant. 2. The Respondent. 3. The Pr. CIT concerned. 4. The DR, ITAT, Panaji Bench, Panaji. 5. Guard File. By Order // TRUE COPY // Senior Private Secretary ITAT, Pune.