Dy. CIT Central Circle -1(2), Nagpur V. Shri Amit Bhaurao Jichkar , Nagpur

ITA 151/NAG/2019

AI Insights

The case involves two appeals filed by the Revenue against Shri Amit Bhaurao Jichkar concerning the assessment year 2012-13. The appeals were directed against the orders of the Commissioner of Income Tax (Appeals) - 1, Nagpur. The primary legal issue was the maintainability of the appeals based on the monetary limit set by the CBDT Circular No.17/2019, which revised the monetary threshold for filing appeals to reduce tax litigation. The tribunal found that the tax effect in the appeals was below the stipulated Rs.50 lakhs, leading to the dismissal of both appeals without further examination of the substantive issues.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 136763 (ITAT-NAGPUR)
• Duration Of Justice: 4 year(s) 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-10-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 18-10-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 03-06-2019
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR – VIRTUAL COURT BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S. S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA Nos.151 & 167/NAG/2019 िनधाᭅरण वषᭅ / Assessment Year : 2012-13 DCIT, Central Circle-1(2), Nagpur. Vs. Shri Amit Bhaurao Jichkar, Plot No.1014, Ashirwad Nagar, NIT Market, Hudkeshwar Road, Nagpur- 440024. PAN : AFSPJ2729N Appellant Respondent आदेश / ORDER PER INTURI RAMA RAO, AM: These are the appeals filed by the Revenue. The appeal in ITA No.151/NAG/2019 is directed against the order of ld. Commissioner of Income Tax (Appeals)- 1, Nagpur [‘the CIT(A)’] dated 16.04.2019 and the appeal in ITA No.167/NAG/2019 is Revenue by : Shri Amol Khairnar Assessee by : Shri Rachit Thakar Date of hearing : 19.10.2023 Date of pronouncement : 20.10.2023 ITA Nos.151 & 167/NAG/2019 2 directed the order of ld. CIT(A) dated 29.05.2019 for assessment year 2012-13 respectively. ITA No.151/NAG/2019 : 2. It is stated before us that the tax effect in this appeal is less than Rs.50 lakhs and therefore, the Circular No.17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes (CBDT) in exercise of its power vested under Sec.268A(1) of the IT Act comes into play wherein, the monetary limit for filing the appeal by the Revenue before the ITAT and various High Courts as well as Apex Court are revised with an object of reducing the tax litigation. Vide para 3 of the said circular (supra) it is stated that in cases where the tax effect in the appeals to be filed before the Appellate Tribunal does not exceed Rs.50 lakhs appeals should not be filed. Thus, taking a note of CBDT Circular No.17/2019, dated 08.08.2019 and considering the fact that the tax effect in this appeal is less than Rs.50 lakhs, this appeal deserves to be dismissed as not pressed / not maintainable. However, we make it clear that the issues raised in this appeal are left open to be examined in the appropriate proceedings, if arises, in future. At the same time, we also make it clear that if this appeal falls in any of the exceptions referred to in ITA Nos.151 & 167/NAG/2019 3 the above said CBDT Circular, the Revenue is at liberty to move an application for recalling the order if so advised. Accordingly, in the light of CBDT Circular No.17/2019 dated 08/08/2019, this appeal filed by the Revenue stands dismissed. 3. In the result, the appeal filed by the Revenue in ITA No.151/NAG/2019 stands dismissed. ITA No.167/NAG/2019 : 4. Since the quantum appeal filed by the Revenue is not maintainable on account of low tax effect, the penalty proceedings u/s 271(1)(c) of the Income Tax Act, 1961 arising out of the quantum appeal filed by the Revenue becomes infructuous and does not require any adjudication. Therefore, the appeal filed by the Revenue in ITA No.167/NAG/2019 stands dismissed. 5. To sum up, both the appeals filed by the Revenue stands dismissed, as indicated above. Order pronounced on this 20 th day of October, 2023. Sd/- Sd/- (S. S. VISWANETHRA RAVI) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 20 th October, 2023. Sujeet ITA Nos.151 & 167/NAG/2019 4 आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT(A)-1, Nagpur. 4. The Pr. CIT-1/2/3, Nagpur. 5. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, नागपुर / DR, ITAT, Nagpur. 6. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.