ASSTT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(2), NAGPUR V. SHRI ASHOK HARPALDAS MIHANI , WARDHA

ITA 42/NAG/2018

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 8856 (ITAT-NAGPUR)
• Duration Of Justice: 4 year(s) 3 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-06-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 28-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJEEV BENJWAL
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR U.S, JUDICIAL MEMBER ITA No.39/Nag./2018 (Assessment Year: 2012–13) ACIT,CC–1(2) Room No.205, 2 nd Floor Aaykar Bhawan Civil Lines Nagpur–440 001 ............... Appellant v/s Shri Sunil Harpaldas Mihani Sindhi colony, Gurunanak Ward Hinganghat, Wardha–442 301 PAN No: ABKPM5738L ................... Respondent CO No. 09/Nag/2018 (Arising out of ITA No. 39/Nag/2018) (Assessment Year: 2012–13) Shri Sunil Harpaldas Mihani Sindhi colony, Gurunanak Ward Hinganghat, Wardha–442 301 PAN No: ABKPM5738L ............... Appellant v/s ACIT,CC–1(2) Room No.205, 2 nd Floor Aaykar Bhawan Civil Lines Nagpur–440 001 ................... Respondent 2 Sunil Harpaldas Mihani ITA No.42/Nag./2018 (Assessment Year: 2009–10) ACIT,CC–1(2) Room No.205, 2 nd Floor Aaykar Bhawan Civil Lines Nagpur–440 001 ............... Appellant v/s Shri Ashok Harpaldas Mihani Sindhi colony, Gurunanak Ward Hinganghat, Wardha–442 301 PAN No: ABNPM2931J ................... Respondent CO No. 08/Nag/2018 (Arising out of ITA No. 42/Nag/2018) (Assessment Year: 2009–10) Shri Ashok Harpaldas Mihani Sindhi colony, Gurunanak Ward Hinganghat, Wardha–442 301 PAN No: ABNPM2931J ............... Appellant v/s ACIT,CC–1(2) Room No.205, 2 nd Floor Aaykar Bhawan Civil Lines Nagpur–440 001 ................... Respondent ITA No.41/Nag./2018 (Assessment Year: 2012–13) ACIT,CC–1(2) Room No.205, 2 nd Floor Aaykar Bhawan Civil Lines Nagpur–440 001 ............... Appellant 3 Sunil Harpaldas Mihani v/s Shri Sanjay Harpaldas Mihani Sindhi colony, Gurunanak Ward Hinganghat, Wardha–442 301 PAN No: ABKPM2932M ................... Respondent CO No. 07/Nag/2018 (Arising out of ITA No. 41/Nag/2018) (Assessment Year: 2012–13) Shri Sanjay Harpaldas Mihani Sindhi colony, Gurunanak Ward Hinganghat, Wardha–442 301 PAN No: ABKPM2932M ............... Appellant v/s ACIT,CC–1(2) Room No.205, 2 nd Floor Aaykar Bhawan Civil Lines Nagpur–440 001 ................... Respondent Assessee by : Shri K.P. Dewani, Advocate Revenue by : Shri Rajeev Benjwal, CIT Date of Hearing – 09.06.2022 Date of Order – 09 .06.2022 O R D E R PER SHRI VIKRAM SINGH YADAV, A.M. These are three appeals filed by the Revenue and Cross Objections filed by the assesse directed against the respective orders of the Learned 4 Sunil Harpaldas Mihani Commissioner of Income Tax(Appeals)-3, Nagpur, dated 22.12.2017 for Assessment Years 2009–10 & 2012–13 respectively. 2. During the course of hearing, the ld. AR submitted that the tax effect involved in all these appeals filed by the Revenue are less than . 50 lacs and the Cross Objections filed by the assessee are in support of the order passed by the ld.CIT(A). It was submitted that given the tax effect involved in these appeals filed by the Revenue are below the threshold prescribed by CBDT circular No. 17/2019, dated 08.08.2019. The appeal of the Revenue be dismissed and consequentially be in the Cross Objections filed by the assessee may also be allowed to be withdrawn. 3. Per contra, the ld. DR is heard, who has submitted that prima–facie the tax effect involved in these appeals filed by the Revenue are below the tax effect. However, the Revenue may be granted a liberty to seek a recall, where the appeals are dismissed on account of low tax effect. 4. After hearing both the parties and perusing the material available on record, the appeals filed by the Revenue as well as Cross Objections filed by the assessee are dismissed as withdrawn on account of low tax effect as per the aforesaid CBDT circular No.17/2019, dated 08.08.2019. The Revenue is at liberty to seek a recall, where the appeals so filed by the 5 Sunil Harpaldas Mihani Revenue fall above the prescribed threshold or falls under any of the exceptions so prescribed in the aforesaid CBDT circular No. 17/2019, dated 08.08.2019 and in the event, where the appeals of the Revenue are recalled, the assessee would be at liberty to seek a recall of its Cross Objection. 5. In the result, all the three appeals filed by the Revenue and Cross Objections filed by the assessee are dismissed as withdrawn. Order pronounced in the open Court on 09 .06.2022 Sd/– YOGESH KUMAR U.S JUDICIAL MEMBER Sd/– VIKRAM SINGH YADAV ACCOUNTANT MEMBER NAGPUR, DATED: 09 .06.2022 Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The CIT(A); (4) The CIT, Nagpur City concerned; (5) The DR, ITAT, Nagpur; (6) Guard file. True Copy By Order Kasarla Thirumalesh Sr. Private Secretary (A.R./Sr. P.S./P.S.) ITAT, Nagpur