Deputy Commissioner of Income-tax, Circle - 3, Aurangabad V. M/s. Kasliwal Nest, Aurangabad

ITA 28/PUN/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 5829 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 6 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 09-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S. S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA No.28/PUN/2019 िनधाᭅरण वषᭅ / Assessment Year: 2013-14 DCIT, Circle-3, Aurangabad. Vs. M/s. Kasliwal Nest, 215/216, 1 st Floor, Building No.3, Apna Bazar, Jalna Road, Aurangabad- 431005. PAN : AAJFK5915H Appellant Respondent C.O. No.10/PUN/2022 (Arising out of ITA No.28/PUN/2019) िनधाᭅरण वषᭅ / Assessment Year: 2013-14 M/s. Kasliwal Nest, 215/216, 1 st Floor, Building No.3, Apna Bazar, Jalna Road, Aurangabad- 431005. PAN : AAJFK5915H Vs. DCIT, Circle-3, Aurangabad. Appellant Respondent आदेश / ORDER PER INTURI RAMA RAO, AM: This is an appeal filed by the Revenue directed against the order of ld. Commissioner of Income Tax (Appeals)- 2, Aurangabad dated 17.10.2018 for the assessment year 2013-14. The assessee filed the Cross Objection in appeal of the Revenue. Revenue by : Shri Arvind Desai Assessee by : Shri S. N. Puranik Date of hearing : 19.07.2022 Date of pronouncement : 19.07.2022 ITA No.28/PUN/2019 C.O. No.10/PUN/2022 2 ITA No.28/PUN/2019 – By Revenue : 2. It is stated before us that the tax effect in the present 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 the instant appeal is less than Rs.50 lakhs, the present appeal deserves to be dismissed as not pressed / not maintainable. However, we make it clear that the issues raised in the instant 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 the appeal falls in any of the exceptions referred to in 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, the appeal filed by the Revenue stands dismissed. ITA No.28/PUN/2019 C.O. No.10/PUN/2022 3 3. In the result, the appeal filed by the Revenue stands dismissed. C.O. No.10/PUN/2022 – By Assessee : 4. Since the appeal filed by the Revenue is dismissed on account of low tax effect, the Cross Objection filed by the assessee becomes infructuous. Accordingly, the Cross Objection filed by the assessee stands dismissed as infructuous. 5. To sum up, the appeal filed by the Revenue as well as Cross Objection filed by the assessee stand dismissed as indicated above. Order pronounced in the open Court on this 19 th day of July, 2022. Sd/- Sd/- (S. S. VISWANETHRA RAVI) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 19 th July, 2022. Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT(A)-2, Aurangabad. 4. The Pr.CIT-2, Aurangabad. 5. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, “A” बᱶच, पुणे / DR, ITAT, “A” Bench, Pune. 6. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.