INCOME TAX OFFICER WARD -3(5), NAGPUR V. M/S THE UMRED MAHILA SHAKARI PAT PURVATA SANSTHA MARYADIT UMRED , NAGPUR

ITA 59/NAG/2019

AI Insights

The case involves an appeal by the Income Tax Officer, Ward-3(5), Nagpur against M/s. The Umred Mahila Sahakari Pat Purvatha Sanstha Maryadit, Umred, Nagpur, concerning the assessment year 2012-13. The appeal was based on the order of the Commissioner of Income Tax (Appeals)-2, Nagpur, dated 17.12.2018. The primary contention from the Revenue was regarding the tax effect, which was below Rs. 50 lakhs, thus not meeting the threshold for maintainability as per the specified CBDT circulars. No representative appeared on behalf of the assessee during the hearing.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 136655 (ITAT-NAGPUR)
• Duration Of Justice: 4 year(s) 5 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-08-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 22-08-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 10-03-2019
• Laws Referred To: CBDT Circular No.17/2019, CBDT Circular No.3/2018
• 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 R.S. SYAL, HON. VICE-PRESIDENT & SHRI PARTHA SARATHI CHAUDHURY, HON. JUDICIAL MEMBER (Through virtual hearing) ITA No. 59/NAG/2019 (A.Y. 2012-13) ITO, Ward-3(5), Nagpur. vs M/s. The Umred Mahila Sahakari Pat Purvatha Sanstha Maryadit, Umred, Nagpur. PAN : AAAJT 1537 B Appellant/Revenue Respondent/Assessee Assessee by : None Revenue by : Shri Sanjay Agrawal, DR Date of hearing : 23/08/2023 Date of pronouncement : 28/08/2023 O R D E R Per PARTHA SARATHI CHAUDHURY, JM: This appeal preferred by the Revenue emanates from the order of Commissioner of Income Tax (Appeals)-2, Nagpur, dated 17.12.2018 for A.Y.2012-13 as per the grounds of appeal on record. 2. At the very outset, ld.DR of the Revenue has submitted that tax effect involved in the Revenue’s appeal is below Rs.50.00 lakhs and as per the CBDT Circular No.17/2019 dated 08/08/2019 read with CBDT Circular No.3/2018 dated 11/07/2018, the appeal filed by the Revenue is not maintainable. None appeared on behalf of the assessee. 3. Having heard the ld.DR and considering the materials on record, we find that the appeal filed by the Revenue is not maintainable due to ITA No. 59/NAG/2019 M/s. The Umred Mahila Sahakari Pat Purvatha Sanstha Maryadit 2 low tax effect as per CBDT Circular No.17/2019, dated 08/08/2019 read with CBDT Circular No.3/2018, dated 11/07/2018. However, we further hold that if in the near future, it is found that this case of the Revenue falls within one of the exceptions mentioned in the said circular, then Revenue shall be at liberty to apply for revival of this appeal. With these observations, the appeal of the Revenue is dismissed on low tax effect. 5. In the result, appeal of the Revenue is dismissed. Order pronounced in open Court on 28 th August, 2023. Sd/- Sd/- (R.S. SYAL) (PARTHA SARATHI CHAUDHURY) VICE-PRESIDENT JUDICIAL MEMBER Dated : 28 th August, 2023 vr/- Copy to : 1. The Appellant. 2. The Respondent. 3. The Pr. CIT concerned. 5. The DR, ITAT, Nagpur Bench, Nagpur. 6. Guard File. By Order // TRUE COPY // Senior Private Secretary ITAT, Pune.