INCOME TAX OFFICER WARD -4(4), NAGPUR V. M/s VIDHARBHA PREMIER COOPRATIVE HOUSING SOCIETY LIMITED , NAGPUR

ITA 47/NAG/2018

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 8854 (ITAT-NAGPUR)
• Duration Of Justice: 4 year(s) 3 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-06-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 06-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• 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 Nos.47 & 48/Nag./2018 (Assessment Years: 2013–14 & 2014–15) ITO,Ward–4(4) 3 rd fl;oor, Saraf Chamber Nagpur–440 001 ............... Appellant v/s Vidharbha Premier Co–op Housing Society Ltd. Gandhisagar, Mahal Nagpur–440 018 PAN No: AAAAV0210E ................... Respondent Assessee by : Shri A.S.Dani, CA Revenue by : Shri Vitthal M. Bhosale, Jt.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 two appeals filed by the Revenue directed against the respective orders of the Learned Commissioner of Income Tax(Appeals)- 1, Nagpur, dated 07.12.2017 for Assessment Years 2013–14 & 2014–15 respectively. 2 Vidharbha Premier co–operative Housing society Ltd. 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 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 The appeal of the Revenue be dismissed as withdrawn. 3.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both the parties and perusing the material available on record, the appeals filed by the Revenue are dismissed as withdrawn on account of low tax effect as per the aforesaid CBDT circular No.17/2019, dated 08.08.2019.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 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, the appeals filed by the Revenue are dismissed as withdrawn. 3 Vidharbha Premier co–operative Housing society Ltd. 5. In the result, all the two appeals filed by the Revenue 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