ITO, Rourkela V. M/s. Regent Hotels, Rourkela

ITA 199/CTK/2023

AI Insights

The case involves an appeal by the Income Tax Department against M/s. Regent Hotels concerning an assessment for the year 2018-19. The appeal was presented before the Income Tax Appellate Tribunal, Cuttack, but was dismissed due to the monetary limit on tax appeals set by a CBDT circular. The circular raised the limit for filing appeals to Rs. 50 lakhs, applicable to both new and pending cases. The Revenue acknowledged that the tax effect in this case was below the specified limit, leading to the dismissal of the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 300430 (ITAT-CUTTACK)
• Duration Of Justice: 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-07-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2018-2019
• Appeal Filed On: 25-05-2023
• Laws Referred To: CBDT Circular No.17/2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BEFORE Income Tax office, Bhawan Annexe, Udit Nagar, Rourkela PAN/GIR No. (Appellant This is CIT(A), NFAC, Delhi No.ITBA/NFAC/S/250/2022 2018-19. 2. Shri S.C.Mohanty, ld Sr appeared on behalf of the assessee. 3. At the time of hearing, it was pointed out to ld Sr DR that the tax effect involved in this appeal is Rs.1,28,782/ Therefore, in view of the recent CBDT Circular No.17/2019 dated 8th August, 2019, raising the monetary limit for filing of the appeal by the IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK ‘SMC’ BENCH, CUTTACK BEFORE SHRI GEORGE MATHAN, JUDICIAL ITA No.199/CTK/2023 Assessment Year : 2018-19 Income Tax office, Aayakar Bhawan Annexe, Udit Nagar, Vs. M/s. Regent Hotels, Bisra Road, Rourkela PAN/GIR No.AAKFR 4838 D (Appellant) .. ( Respondent Assessee by : None Revenue by : Shri S.C.Mohanty Date of Hearing : 27/07 Date of Pronouncement : 27/0 O R D E R an appeal filed by the revenue against the order of the ld , NFAC, Delhi dated 14.10.2022 ITBA/NFAC/S/250/2022-23/1046306657(1) for the assessment year Shri S.C.Mohanty, ld Sr DR appeared for the revenue. None appeared on behalf of the assessee. the time of hearing, it was pointed out to ld Sr DR that the tax involved in this appeal is Rs.1,28,782/-, which is Therefore, in view of the recent CBDT Circular No.17/2019 dated 8th August, 2019, raising the monetary limit for filing of the appeal by the Page1 | 3 IN THE INCOME TAX APPELLATE TRIBUNAL, , CUTTACK JUDICIAL MEMBER M/s. Regent Hotels, Bisra Road, Respondent) : Shri S.C.Mohanty, Sr DR 7/2023 /07/2023 against the order of the ld 14.10.2022 in Appeal for the assessment year DR appeared for the revenue. None the time of hearing, it was pointed out to ld Sr DR that the tax , which is below Rs.50 lakhs. Therefore, in view of the recent CBDT Circular No.17/2019 dated 8th August, 2019, raising the monetary limit for filing of the appeal by the ITA No.199/CTK/2023 Assessment Year : 2018-19 Page2 | 3 Revenue before the Tribunal to Rs.50 lakhs and the subsequent clarification of the CBDT, vide Notification dated 20th August, 2019 stating that the said Circular is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable. Ld Sr DR fairly conceded that the tax effect involved in the grounds raised by the Revenue is below Rs.50 lakhs. 4. I have heard the submission of ld Sr DR. On perusal of the orders of the lower authorities, I find the tax effect involved in the grounds raised by the Revenue is admittedly below Rs.50 lakhs. Therefore, in view of the CBDT Circular No.17/2019 dated 8th August, 2019 raising the monetary limit for filing of the appeals by the Revenue before the Tribunal to Rs.50 lakhs and the subsequent clarification dated 20th August, 2019 to the effect that the said Circular is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable. Accordingly, the same is dismissed. 5. However, if the Revenue at any point of time finds that the tax effect involved in the grounds of the Revenue is more than Rs.50 lakhs or that the same is falling under the exceptions provided in the said Circular, the Revenue may move necessary application for recall of this order. 6. In the result, appeal of the revenue stands dismissed. Order dictated and pronounced in the open court on 27/07/2023. Sd/- (George Mathan) JUDICIAL MEMBER ITA No.199/CTK/2023 Assessment Year : 2018-19 Page3 | 3 Cuttack; Dated 27/07/2023 B.K.Parida, SPS (OS) Copy of the Order forwarded to : By order Sr.Pvt.secretary ITAT, Cuttack 1. The Appellant : Income Tax office, Aayakar Bhawan Annexe, Udit Nagar, Rourkela 2. The Respondent: M/s. Regent Hotels, Bisra Road, Rourkela 3. The CIT(A)-, NFAC, Delhi 4. Pr.CIT-, Sambalpur 5. DR, ITAT, Cuttack 6. Guard file. //True Copy//