Income Tax Officer , Ward -1(5), Nagpur V. Smt . Preeti Deepak Sanghani , NAGPUR

ITA 394/NAG/2019

AI Insights

The case involves three appeals by the Income Tax Officer, Ward-1(5), Nagpur against Smt. Preeti Deepak Sanghani, concerning the assessment years 2010-11, 2011-12, and 2012-13. The appeals were directed against the common order of the Commissioner of Income Tax (Appeals)-1, Nagpur, which had emerged from separate orders under section 144 r.w.s 147 of the Income Tax Act, 1961. The primary contention in the appeals was the tax effect, which was found to be below the threshold set by the CBDT for filing appeals. The Authorized Representative for the assessee highlighted that the tax effect in all cases was below the specified limit of Rs. 50 lakhs as per the latest CBDT instructions.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 136140 (ITAT-NAGPUR)
• Duration Of Justice: 3 year(s) 8 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 29-08-2023
• Assessment Year: 2010-2011
• Appeal Filed On: 05-12-2019
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect
• Section: 144

Judgement Text

।आयकर अपीलीय अिधकरण Ɋायपीठ नागपुर मŐ। IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH : : NAGPUR [VIRTUAL HEARING AT PUNE] BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No’s.394, 395 & 396/NAG/2019 िनधाᭅरण वषᭅ / Assessment Years : 2010-11, 2011-12 & 2012-13 The Income Tax Officer, Ward-1(5), Nagpur. Vs Smt.Preeti Deepak Sanghani, 203, Amar Palace, Opp.Yashwant Stadium, Dhantoli, Nagpur – 440012. PAN: BFCPS 9110 P Appellant / Revenue Respondent / Assessee Assessee by Shri Kapil Hirani – CA Revenue by Shri Rishi Kumar Bisen – DR Date of hearing 30/08/2023 Date of pronouncement 31/08/2023 आदेश/ ORDER PER BENCH : These three appeals filed by the Revenue i.e.ITO, Ward- 1(5), Nagpur are directed against the common order of ld.Commissioner of Income Tax(Appeals)-1, Nagpur dated 27.09.2019 for the A.Y’s.2010-11, 2011-12 & 2012-13; respectively, emanating out of separate orders under section 144 ITA No’s.394, 395 & 396/NAG/2019 Smt. Preeti Deepak Sanghani [R] 2 r.w.s 147 of the Income Tax Act, 1961 (in short “the Act”) dated 10.11.2016. 2. The ld.Authorised Representative(ld.AR) for the assessee at the outset explained that the Tax Effect in all these cases is below the limit specified by CBDT in Instruction Circular No.17/2019 dated 08.08.2019 to Rs.50.00 lakhs. 2.1 On perusal of Form 36 filed by the Revenue, it is observed that Tax Effect is as under : S.No. ITA No. Tax Effect(Rs.) 1 394/NAG/2019 Rs.23,14,310/- 2 395/NAG/2019 Rs.4,17,340/- 3 396/NAG/2019 Rs.96,140/- 3. The CBDT Circular No.03/2018 dated 11/07/2018 fixed monetary limit for filing of appeals by the Revenue before the Tribunal at Rs.20.00 lakhs. Such limit has now been enhanced in the Circular No.17/2019 dated 08.08.2019 to Rs.50.00 lakhs. The tax effect in the instant appeal is less than the revised monetary limit of Rs.50.00 lakhs. 4. At this juncture, it is pertinent to note that the CBDT vide F.No.279/Misc/M-13/2018-ITJ dated 20.08.2019 has clarified that the revised monetary limits so mentioned in Circular ITA No’s.394, 395 & 396/NAG/2019 Smt. Preeti Deepak Sanghani [R] 3 No.17/2019 are applicable to all pending appeals. In view of the foregoing discussion, we dismiss the three appeals filed by the Revenue on account of Low Tax Effect. Revenue will be free to file Miscellaneous Application if the case falls in any of the exception clauses mentioned in CBDT Circular. 5. In the result, three appeals of the Revenue are dismissed as not maintainable. Order pronounced in the open Court on 31 st August, 2023. Sd/- Sd/- (S.S.GODARA) (DR. DIPAK P. RIPOTE) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 31 st Aug, 2023/ SGR*(Allotment 1 : 2) आदेश कᳱ ᮧितिलिपअᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT(A), concerned. 4. The Pr. CIT, concerned. 5. िवभागीयᮧितिनिध,आयकर अपीलीय अिधकरण, नागपुर बᱶच, नागपुर/ DR, ITAT, Bench, Nagpur. 6. गाडᭅफ़ाइल / Guard File. आदेशानुसार / BY ORDER, // TRUE COPY // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे/ITAT, Pune.