DY. C.I.T. CIR-.2, Nagpur V. M/S AVTAR AND COMPANY, Nagpur

ITA 469/NAG/2016

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 9012 (ITAT-NAGPUR)
• Duration Of Justice: 5 year(s) 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-11-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 01-08-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VITTHAL BHOSALE
• Keywords: Tax effect

Judgement Text

आयकर अपीलीय अिधकरण ᭠यायपीठ, नागपुर मᱶ । IN THE INCOME TAX APPELLATE TRIBUNAL BENCH, NAGPUR (At e-Court, PUNE) BEFORE SHRI INTURI RAMA RAO, AM AND SHRI S. S. VISWANETHRA RAVI, JM आयकर अपील सं. / ITA Nos.469 & 470/NAG/2016 िनधाᭅरण वषᭅ / Assessment Years : 2008-09 & 2009-10 DCIT, Circle-2, Nagpur. .......अपीलाथᱮ / Appellant बनाम / V/s. M/s. Avtar & Company, 103, Sethi Apartments, Kadbi Chowk, Nagpur-440004. PAN : AADFA3128Q ......ᮧ᭜यथᱮ / Respondent Revenue by : Shri Vitthal Bhosale Assessee by : None सुनवाई कᳱ तारीख / Date of Hearing : 09.11.2021 घोषणा कᳱ तारीख / Date of Pronouncement : 09.11.2021 आदेश / ORDER These are the appeals filed by the Revenue directed against the common orders of the ld. Commissioner of Income Tax (Appeals)-2, Nagpur (‘CIT(A)’ for short) dated 26.05.2016 for the Assessment Years 2008-09 and 2009-10. 2. It is stated before us that the tax effect in the present appeals 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 2 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 appeals is less than Rs.50 lakhs, the present appeals deserve to be dismissed as not pressed / not maintainable. However, we make it clear that the issues raised in the instant appeals 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 appeals fall 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. Accordingly, in the light of CBDT Circular No.17/2019 dated 08/08/2019, the appeals filed by the Revenue stand dismissed. 3. In the result, the appeals filed by the Revenue stand dismissed. Order pronounced in the open Court on this 09 th day of November, 2021. Sd/- Sd/- (S. S. VISWANETHRA RAVI) (INTURI RAMA RAO) ᭠याियक सद᭭य/JUDICIAL MEMBER लेखा सद᭭य/ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 09 th November, 2021. Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत/Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant 2. ᮧ᭜यथᱮ / The Respondent 3. 4. 5 6. CIT(A)-2, Nagpur. The Pr. CIT-II, Nagpur. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, नागपुर / DR, ITAT, “Nagpur” Pune; गाडᭅ फाईल / Guard file. आदेशानुसार/ BY ORDER // True Copy // वᳯर᳧ िनजी सिचव / Sr. Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune.