Jai Prakash Sharma, Rishikesh V. ACIT, Circle-2, Dehradun

ITA 18/DDN/2019

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8695 (ITAT-DEHRADUN)
• Duration Of Justice: 2 year(s) 5 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-11-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 12-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DEHRADUN BENCH DEHRADUN BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI Dr. B.R.R. KUMAR, ACCOUNTANT MEMBER I.T.A. No.19/DDN/2019 Assessment Year 2014-15 DCIT, Central Circle, Dehradun. v. Nishant Malik, 175, Lane No.3, Veerbhadra Marg, Rishikesh, Uttarakhand TAN/PAN: ABIPM2901K (Appellant) (Respondent) CO No.18/DDN/2019 Assessment Year 2014-15 Nishant Malik, 175, Lane No.3, Veerbhadra Marg, Rishikesh, Uttarakhand v. DCIT, Central Circle, Dehradun. TAN/PAN: AAHCM6464E (Appellant) (Respondent) Appellant by: Shri N.C. Upadhyay, Sr.DR Respondent by: Shri Rajesh Malhotra, CA Date of hearing: 12 11 2021 Date of pronouncement: 12 11 2021 O R D E R PER AMIT SHUKLA, J.M.: The aforesaid appeal has been filed by the assessee against the impugned order dated 21.02.2019 passed by Commissioner of Income Tax (Appeals)-IV, Kanpur for the Assessment Year 2014-15. I.T.A. No.19/DDN/2019 & CO 18/DDN.2019 2 2. Before us, ld. counsel for the assessee submitted that the tax effect on disputed amount as raised in the Revenue’s appeal is much below the monetary prescribed limit of Rs.50 lac as per CBDT Circular No.17/2019 dated 08.08.2019, the appeal of the Revenue is not maintainable. 3. Further CBDT vide clarification dated 20.08.2019 has clarified that the aforesaid circular will apply to all pending appeals also. Accordingly, the appeal of the Revenue is dismissed as non maintainable as the tax effect is below Rs.50 lakhs. Thus, the appeal filed by the Revenue is dismissed. 6. Since, the appeal of the Revenue is dismissed on low tax effect; therefore, the Cross Objection of the assessee does not survive as has become infructuous. Thus, the Cross Objection of the assessee is dismissed as has become infructuous. 7. In the result, the appeal of the Revenue and the Cross Objection of the assessee are dismissed. Order pronounced in the open Court on 12 th November, 2021. Sd/- Sd/- [Dr. B.R.R. KUMAR] [AMIT SHUKLA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 12 th November, 2021 Prabhat