INCOME TAX OFFICER, WARD-1, Srikakulam V. PRIMARY AGRICULTURAL CO OPERATIVE CREDIT SOCIETY, HARIPURAM

ITA 209/VIZ/2022

AI Insights

The case involves an appeal by the Income Tax Officer, Ward-1, Srikakulam against the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi. The appeal was related to the assessment year 2018-19 concerning the Primary Agricultural Co-operative Credit Society, Haripuram. The primary contention was the maintainability of the appeal based on the tax effect involved, which was below the Rs. 50 lakhs threshold set by the CBDT Circular No.17/2019. Both parties agreed on the non-maintainability due to the low tax effect, and no objections were raised by the Departmental Representative.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 135944 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 03-01-2023
• Assessment Year: 2018-2019
• Appeal Filed On: 19-10-2022
• Laws Referred To: CBDT Circular No.17/2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Co-operative Credit Society

Judgement Text

आयकरअपीलीयअधिकरण, धिशाखापटणम पीठ, धिशाखापटणम IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM ‘SMC’ BENCH, VISAKHAPATNAM श्री द ु व्वूरु आर एल रेड्डी, न्याधयक सदस्य के समक्ष BEFORE SHRI DUVVURU RL REDDY, HON’BLE JUDICIAL MEMBER आयकर अपील सं./I.T.A.No.209/Viz/2022 (ननधधारण वर्ा / Assessment Year : 2018-19) Income Tax Officer Ward-1 Srikakulam Vs. Primary Agricultural Co- operative Credit Society 1-116, Haripuram Mandasa, Srikakulam [PAN : AACAP0308D] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant by : Shri G.V.N.Hari, AR प्रत्यधथी की ओर से / Respondent by : Shri Sankar Pandi, DR सुनवधई की तधरीख / Date of Hearing : 04.01.2023 घोर्णध की तधरीख/Date of Pronouncement : 06.01.2023 आदेश /O R D E R Per Shri Duvvuru RL Reddy, Judicial Member : This appeal is filed by the revenue against the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi in DIN & Order No.ITBA/NFAC/S/250/2022- 23/1045776054(1) dated 21.09.2022 for the Assessment Year (A.Y.) 2018-19. 2. When this appeal is taken up for hearing, the Ld. Counsel for the assessee has submitted that the tax effect involved in this appeal is below 2 I.T.A. No.209/Viz/2022, A.Y.2018-19 Primary Agricultural Co-operative Credit Society,Haripuram Rs.50 lakhs. As per the latest circular No.17/2019, dated 08.08.2019 of CBDT, which is in supersession of its Circular No.3/2018 dated 11.07.2018, in relation to filing of appeals before the Income Tax Appellate Tribunal, the appeals filed by the revenue are not maintainable. The Ld. D.R. has not raised any objection. In view of the above, the appeal filed by the revenue is not maintainable. Hence, the same is dismissed with a liberty to the revenue to file Miscellaneous Application to recall the order in case the tax effect involved is more than the limit prescribed as per the circular or the case is covered by any of the exceptions in the circular. 3. In the result, the appeal of the revenue is dismissed. Order pronounced in the open court on 6 th January, 2023. Sd/- (द ु व्वूरु आर.एल रेड्डी) (DUVVURU RL REDDY) न्याधयक सदस्य/JUDICIAL MEMBER Dated : 06. 01.2023 L.Rama, SPS 3 I.T.A. No.209/Viz/2022, A.Y.2018-19 Primary Agricultural Co-operative Credit Society,Haripuram आदेश की प्रतितिति अग्रेतिि/Copy of the order forwarded to:- 1. रधजस्व/The Revenue –Income Tax Officer, Ward-1, Srikakulam 2. ननधधाऩरती/ The Assessee– Primary Agricultural Co-operative Credit Soceity, 1-116, Haripuram, Mandasa, Srikakulam 3. The Principal Commissioner of Income Tax (Central), Visakhapatnam 4. आयकर आयुक्त (अपील)/ The Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi 5. नवभधगीय प्रनतनननध, आयकर अपीलीय अनधकरण, नवशधखधपटणम / DR,ITAT, Visakhapatnam 6.गधर्ा फ़धईल / Guard file आदेशधनुसधर / BY ORDER Sr. Private Secretary ITAT, Visakhapatnam