ASSTT. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), NAGPUR V. M/S R.B. SETH SHREERAM NARSINGDAS , , NAGPUR

ITA 35/NAG/2018

AI Insights

This case involves an appeal by the Revenue against the order of the Commissioner of Income Tax (Appeals)-3, Nagpur, concerning the assessment year 2013-14. The Revenue's appeal was based on issues related to the assessment of M/s. R.B. Seth Shreeram Narsingdas. However, the appeal was dismissed due to the monetary threshold set by the CBDT Circular No.17/2019, which aims to reduce tax litigation by limiting the circumstances under which the Revenue can appeal. The assessee also filed a Cross Objection, which was rendered infructuous and dismissed following the dismissal of the Revenue's appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 136756 (ITAT-NAGPUR)
• Duration Of Justice: 5 year(s) 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-07-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 19-07-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 28-02-2018
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RASHMI MATHUR
• Assessee Lawyers: SUDESH BANDHIA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR – VIRTUAL COURT BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S. S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA No.35/NAG/2018 िनधाᭅरण वषᭅ / Assessment Year : 2013-14 ACIT, Central Circle-2(2), Nagpur. Vs. M/s. R.B. Seth Shreeram Narsingdas, Flat No.C-2, Yogeshwar Ganga Apartment, Ramdaspeth, Nagpur- 440025. PAN : AACFR0227N Appellant Respondent C.O. No.04/NAG/2018 (Arising out of ITA No.35/NAG/2018) िनधाᭅरण वषᭅ / Assessment Year : 2013-14 M/s. R.B. Seth Shreeram Narsingdas, Flat No.C-2, Yogeshwar Ganga Apartment, Ramdaspeth, Nagpur- 440025. PAN : AACFR0227N Vs. ACIT, Central Circle- 2(2), Nagpur. 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)-3, Nagpur [‘the CIT(A)’] dated 28.12.2017 for the assessment year 2013-14. The Revenue by : Smt. Rashmi Mathur Assessee by : Shri Sudesh Bandhia Date of hearing : 20.07.2023 Date of pronouncement : 31.07.2023 ITA No.35/NAG/2018 C.O. No.04/NAG/2018 2 Cross Objection filed by the assessee against the appeal of the Revenue. ITA No.35/NAG/2018 – 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. ITA No.35/NAG/2018 C.O. No.04/NAG/2018 3 Accordingly, in the light of CBDT Circular No.17/2019 dated 08/08/2019, the appeal filed by the Revenue stands dismissed. 3. In the result, the appeal filed by the Revenue in ITA No.35/NAG/2018 stands dismissed. C. O. No.04/NAG/2018 – 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. Thus, the Cross Objection in C.O. No.04/NAG/2018 filed by the assessee stands dismissed. 5. To sum up, the appeal filed by the Revenue as well as the Cross Objection filed by the assessee stands dismissed. Order pronounced on this 31 st day of July, 2023. Sd/- Sd/- (S. S. VISWANETHRA RAVI) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 31 st July, 2023. Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT(A)-3, Nagpur. 4. The CIT (Central), Nagpur. 5. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, नागपुर / DR, ITAT, Nagpur. 6. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.