Income Tax Officer, Ward-1, Balasore V. M/s. Nilgiri Engineering Co-operative Society, Balasore

ITA 178/CTK/2020

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 8954 (ITAT-CUTTACK)
• Duration Of Justice: 1 year(s) 9 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-06-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2016-2017
• Appeal Filed On: 18-08-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BEFORE AND ARUN KHODPIA, ACCOUNTANT MEMBER Income Tax Officer, Ward Balasore PAN/GIR No. (Appellant M/s. Nilgiri Engg. Co Society, Main Road, Nilagiri, Balasore PAN/GIR No. (Appellant Per Bench This is Cuttack dated 16.3.2020 has also filed cross objection in support of the order of the ld CIT(A). IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE S/SHRI GEORGE MATHAN, JUDICIAL AND ARUN KHODPIA, ACCOUNTANT MEMBER ITA No.178/CTK/2020 Assessment Year : 2016-17 Income Tax Officer, Ward-1, Vs. M/s. Nilgiri Engg. Co Society, Main Road, Nilagiri, Balasore No.AAAAN 0926 D (Appellant) .. ( Respondent C.O.No.02/CTK/2021 (in ITA No.178/CTK/2020 Assessment Year : 2016-17 M/s. Nilgiri Engg. Co-operative Society, Main Road, Nilagiri, Vs. Income Tax Officer, Ward Balasore No.AAAAN 0926 D (Appellant) .. ( Respondent Assessee by : Shri K.K.Bal , AR Revenue by : Shri S.C.Mohanty, Addl. Date of Hearing : 9/6/ 20 Date of Pronouncement : 9/6 O R D E R an appeal filed by the revenue against the or Cuttack dated 16.3.2020 for the assessment year 2016 has also filed cross objection in support of the order of the ld CIT(A). Page1 | 3 IN THE INCOME TAX APPELLATE TRIBUNAL, JUDICIAL MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER M/s. Nilgiri Engg. Co-operative Society, Main Road, Nilagiri, Respondent) 0) Income Tax Officer, Ward-1, Respondent) , AR S.C.Mohanty, Addl. CIT (DR) / 2022 6/2022 against the order of the CIT(A) 2016-17. The assessee has also filed cross objection in support of the order of the ld CIT(A). ITA No.178/CTK/2020 C.O.No.02/CTK/2021 Assessment Year : 2016-17 Page2 | 3 2. At the outset, ld A.R. of the assessee submitted that in this appeal, the tax demand is Rs.41,45,154/-, which is below than Rs.50 lakhs and in view of CBDT Circular No.17/2019 dated 8.8.2019 , the appeal filed by the Revenue before the ITAT is not maintainable and to be dismissed as infructous. 3. In reply, ld Sr DR supported the order of the Assessing Officer. 4. We have considered the rival submissions. We refer to the CBDT Circular No.17/2009 dated 8.8.2019, wherein, minimum threshold limit of tax effect for filing of appeals by the Revenue in ITAT has been enhanced to Rs.50 lakhs by revising earlier CBDT Circular No.03 of 2018 dated 11.7.2018 and the Revenue is required to withdraw/not press those appeals filed by the Revenue, in which tax effect is below Rs.50,00,000/-. Consequently, this appeal filed by the revenue is held to be not maintainable and is treated as withdrawn/not pressed. We clarify that the Revenue will be at liberty to approach the Tribunal u/s.254(2) of the Act, seeking recall of this order and, for restoration of appeal, if it is found that appeal of revenue is not covered by the aforesaid CBDT Circular. 5. In regard to cross objection, ld A.R. submitted that the cross objection is in support of the order of the ld CIT(A). As we have dismissed the appeal of the revenue on the ground of tax effect, therefore, the cross objection is dismissed as infructuous. ITA No.178/CTK/2020 C.O.No.02/CTK/2021 Assessment Year : 2016-17 Page3 | 3 6. In the result, appeal of the revenue and cross objection of the assessee are dismissed. Order dictated and pronounced in the open court on 9 /6/2022. Sd/- sd/- (Arun Khodpia) (George Mathan) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 9 /06/2022 B.K.Parida, SPS (OS) Copy of the Order forwarded to : By order Sr.Pvt.secretary, ITAT, Cuttack 1. The Appellant : ITO, Ward, -1, Balasore 2. The Respondent/Assessee”. M/s. Nilgiri Engg. Co-operative Society, Main Road, Nilagiri, Balasore 3. The CIT(A)-, Cuttack 4. Pr.CIT-, Cuttack 5. DR, ITAT, Cuttack 6. Guard file. //True Copy//