ITO, WARD- 2(5), RAMNAGAR, NAINITAL V. CORBETT NATURE RESERVE (AHANA), RAMNAGAR, NAINITAL

ITA 5788/DEL/2018

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 115536 (ITAT-DEHRADUN)
• Duration Of Justice: 4 year(s) 3 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-12-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 12-12-2022
• Assessment Year: 2015-2016
• Appeal Filed On: 06-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DEHRADUN BENCH ‘DB’, DEHRADUN Before Dr. B. R. R. Kumar, Accountant Member Sh. Yogesh Kumar US, Judicial Member ITA No. 5787/Del/2018 : Asstt. Year : 2014-15 ITA No. 5788/Del/2018 : Asstt. Year : 2015-16 Income Tax Officer, Ward-2(5), Ramnagar, Nainital Vs M/s Corbett Nature Reserve (AHANA), Vill.-Savaldeh West, Ramnagar, Nainital-244715 (APPELLANT) (RESPONDENT) PAN No. AAGFC3157J CO No. 204/Del/2018 : Asstt. Year : 2014-15 CO No. 205/Del/2018 : Asstt. Year : 2015-16 M/s Corbett Nature Reserve (AHANA), Vill.-Savaldeh West, Ramnagar, Nainital-244715 Vs Income Tax Officer, Ward-2(5), Ramnagar, Nainital (APPELLANT) (RESPONDENT) PAN No. AAGFC3157J Assessee by : Sh. Rajesh Dureja, Adv. Revenue by : Smt. Poonam Sharma, Sr. DR Date of Hearing: 13.12.2022 Date of Pronouncement: 13.12.2022 ORDER Per Dr. B. R. R. Kumar, Accountant Member: These appeals have been filed by the Revenue and the Cross Objections by the assessee against the orders of the ld. CIT(A), Haldwani dated 12.06.2018. 2. According to Circular No. 17/2019 dated 08/08/2019, the CBDT in supersession of earlier instructions has directed that department’s appeals before ITAT shall not be filed in cases where the tax effect does not exceed the monetary limit of Rs. ITA Nos. 5787 & 5788/Del/2018 CO Nos. 204 & 205/Del/2018 Corbett Nature Reserve 2 50 lacs. The tax will not include any interest thereon. It is further clarified that even if in the case of an assessee, disputed issues arise in more than one assessment year, appeal cannot be filed in respect of such assessment year or years in which the tax effect in respect of disputed issues exceeds the monetary limit so specified. 3. Admittedly, in the departmental appeals, the tax effect is less than Rs. 50 lacs, therefore, departmental appeals is not maintainable. The Ld. DR could not bring to our notice any exceptions mentioned in the said Circular. 4. In the result, the appeals of the Revenue are dismissed. In view of the above, the CO filed by the assessee become infructuous, hence dismissed. Order Pronounced in the Open Court on 13/12/2022. Sd/- Sd/- (Yogesh Kumar US) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 13/12/2022 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR