ITO, Ward-1(1), Cuttack V. ASHOK SULTANIA, Cuttack

ITA 305/CTK/2023

• Counselvise Citation: [2023] 101 COUNSELVISE.COM (IT) 9678 (ITAT-CUTTACK)
• Duration Of Justice: 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-12-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 03-10-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S P.K.MISHRAHIMANSU BHUSAN
• Keywords: Tax effect; Tax effect
• Section: 268A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BEFORE Income Tax officer, Ward Cuttack PAN/GIR No. (Appellant Assessee by This is CIT(A), NFAC CIT(A),Cuttack/.10120/2016 2. S/Shri assessee and Shri S.C.Mohanty, ld Sr DR appeared for the revenue. 3. At the outset, ld AR this appeal of Revenue is below the prescribed monetary limits for filing of appeals before ITAT. IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK ‘SMC’ BENCH, CUTTACK BEFORE SHRI GEORGE MATHAN, JUDICIAL ITA No.305/CTK/2023 Assessment Year : 2010-011 Income Tax officer, Ward-1(2), Vs. Ashok Sultania, Plot No.167, Mahanadi Vihar, Cuttack PAN/GIR No.AOLPS 0388 C (Appellant) .. ( Respondent Assessee by : S/Shri P.K.Mishra/Himansu Bhusan Revenue by : Shri S.C.Mohanty, Date of Hearing : 4/12 Date of Pronouncement : 4/12 O R D E R an appeal filed by the revenue against the order of the ld , NFAC, Delhi dated 25.7.2023 CIT(A),Cuttack/.10120/2016-17 for the assessment year Shri P.K.Mishra/Himansu Bhusan Jena, ld ARs assessee and Shri S.C.Mohanty, ld Sr DR appeared for the revenue. At the outset, ld AR of the assessee submitted that this appeal of Revenue is below the prescribed monetary limits for filing of appeals before ITAT. In this appeal of Revenue, the quantum Page1 | 3 IN THE INCOME TAX APPELLATE TRIBUNAL, , CUTTACK JUDICIAL MEMBER 011 Ashok Sultania, Plot No.167, Mahanadi Vihar, Cuttack Respondent) Bhusan Jena, Advs : Shri S.C.Mohanty, Sr DR /2023 2/2023 against the order of the ld in Appeal No. for the assessment year 2010-2011. ld ARs appeared for the assessee and Shri S.C.Mohanty, ld Sr DR appeared for the revenue. of the assessee submitted that the tax effect in this appeal of Revenue is below the prescribed monetary limits for filing of In this appeal of Revenue, the quantum of addition ITA No.305/CTK/2023 Assessment Year : 2010-011 Page2 | 3 involved is Rs.37,88,000/- on which total tax effect is Rs.13,31,540/-, which is much below the prescribed limit of Rs. 50 lakhs fixed by the CBDT vide its Circular No.17/2019 dated 8 th August, 2019. Ld Sr DR did not dispute the applicability of CBDT circular cited (supra) and the tax effect being below Rs.50 lakhs. 4. I have considered the rival submissions. Vide its circular No.17/2019 dated 8 th August, 2019, the CBDD. I find that the present appeal of the Revenue fall within the purview of the CBDT Instruction cited (supra). It is not disputed by the Revenue that the tax effect on the total addition is less than Rs.50 lakhs, and therefore, keeping in view the above CBDT circular and provisions of section 268A of the Income Tax Act, I am of the view that the present appeal of the Revenue deserves to be dismissed. Consequently, the tax effect being below the prescribed limit fixed by the CBDT vide its circular No.17/019 dated 8 th August, 2019, the appeal filed by the revenue stands dismissed. 5. In the result, appeal filed by the assessee is dismissed. Order dictated and pronounced in the open court on 4/12/2023. Sd/- (George Mathan) JUDICIAL MEMBER Cuttack; Dated 4/12/2023 B.K.Parida, SPS (OS) ITA No.305/CTK/2023 Assessment Year : 2010-011 Page3 | 3 Copy of the Order forwarded to : By order Sr.Pvt.secretary ITAT, Cuttack 1. The Appellant : Income Tax officer, Ward-1(2), Cuttack 2. The respondent: Ashok Sultania, Plot No.167, Mahanadi Vihar, Cuttack 3. The CIT(A)-NFAC, Delhi 4. Pr.CIT, Cuttack 5. DR, ITAT, Cuttack 6. Guard file. //True Copy//