Income Tax Officer , Ward-4, Chandrapur V. Shri Sanjaykumar Prakashchandra Saraf, Chandrapur

ITA 398/NAG/2019

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 1347 (ITAT-NAGPUR)
• Duration Of Justice: 2 year(s) 10 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-10-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 09-10-2022
• Assessment Year: 2010-2011
• Appeal Filed On: 05-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, NAGPUR (AT e-Court, PUNE) BEFORE SHRI R.S. SYAL, VICE PRESIDENT ITA Nos.397 & 398/NAG/2019 निर्धारण वषा / Assessment Years : 2009-10 & 2010-11 ITO, Ward 4, Nagpur Vs. Shri Sanjaykumar Prakashchandra Saraf Behind Jain Temple, Saraf, Chandrapur, Maharashtra – 442402 PAN : AMYPS1487K Appellant Respondent आदेश / ORDER PER R.S. SYAL, VP: These appeals by the Revenue arise out of two separate orders dated 09.09.2019 passed by CIT(A)-2, Nagpur in relation to the assessment years 2009-10 and 2010-11. Since some common issues are raised in these appeals, I, therefore, proceeding to dispose them off by this consolidated order for the sake of convenience. Assessee by Shri Mahavir Atal Revenue by Shri G.J. Ninawe Date of hearing 10-10-2022 Date of pronouncement 10-10-2022 ITA Nos.397 & 398/NAG/2019 Shri Sanjaykumar Prakashchandra Saraf 2 2. At the outset, the ld. AR submitted that the tax effect in this case is less than Rs.50.00 lakh, to which the ld. DR fairly conceded. 3. The CBDT has issued circular No.17/2019 dated 08-08-2019 revising upward the monetary limits for filing of appeals by the Department in Income-tax Cases before various appellate forums. The earlier 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 lakh. Such limit has now been enhanced in the recent Circular dated 08-08-2019 to Rs.50.00 lakh. Since tax effect in the instant appeal is less than the revised monetary limit of Rs.50.00 lakh, we are not inclined to entertain this appeal. 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 No.17/2019 are applicable to all pending appeals. Not only that, it has further been directed to the competent authorities to withdraw all such appeals on or before 31-10-2019. However, it is made clear that if the tax effect in this particular appeal is found out to be more than the prescribed monetary limit of Rs.50.00 lakh or the case is ITA Nos.397 & 398/NAG/2019 Shri Sanjaykumar Prakashchandra Saraf 3 covered by an exception, it will be open to the Revenue to move the Tribunal for taking necessary action. 5. In view of the foregoing discussion, I dismiss the appeals filed by the Revenue. Order pronounced in the Open Court on 10 th October, 2022. - Sd/- (R.S.SYAL) VICE PRESIDENT प ु णे Pune; ददिधांक Dated : 10 th October, 2022 GCVSR आदेश की प्रतिलिपि अग्रेपिि/Copy of the Order is forwarded to: 1. अपीऱधर्थी / The Appellant; 2. प्रत्यर्थी / The Respondent; 3. The CIT(A)-2, Nagpur 4. 5. The Pr.CIT-2, Nagpur विभागीय प्रविविवि, आयकर अपीलीय अविकरण, Nagpur / DR, Nagpur 6. गार्ड फाईल / Guard file आदेशान ु सार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अविकरण ,पुणे / ITAT, Pune ITA Nos.397 & 398/NAG/2019 Shri Sanjaykumar Prakashchandra Saraf 4 Date 1. Draft dictated on 10-10-2022 Sr.PS 2. Draft placed before author 10-10-2022 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.