INCOME TAX OFFICER WARD -3(4), NAGPUR V. ISPAT INDUSTRIES EMPLOYEES CREDIT CO-OP SOCIETY, NAGPUR

ITA 70/NAG/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 2402 (ITAT-NAGPUR)
• Duration Of Justice: 3 year(s) 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-09-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 19-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR – VIRTUAL COURT BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER Sl. No. ITA No. Name of Appellant Name of Respondent Asst. Year 1. 70/NAG/2019 ITO, Ward-3(4), Nagpur. Ispat Industries Employees Credit Co-op. Society, Ispat Nagar, Kalmeshwar, Nagpur- 441501. PAN : AAAAI2652K 2012-13 2. 74/NAG/2019 ITO, Ward-2, Nagpur. M/s. Wardha Urban And Rural Co- operative Society Limited, Borgaon Meghe, Nagpur- 442001 PAN : AAAFW6633P 2009-10 3. 75/NAG/2019 ITO, Ward-2, Wardha. M/s. Shriram Nagri Sahakari Pat Sanstha Maryadit, Dayal Nagar, Wardha- 442001. PAN : AAGAS3582C 2009-10 4. 76/NAG/2019 ITO, Ward-2, Wardha. M/s. Sanmati Nagri Shakari Pat Sanstha Maryadit, Wanjari Chowk, Near Water Tank, Wardha- 442001. PAN : AAEAS7314J 2009-10 5. 77/NAG/2019 ITO, Ward-2, Wardha. M/s. Priydarshani Mahila Sahakari Pat Sanstha Maryadit Karanja Ghadege, Gharpure Complex, Main Road, Karanja Ghadge, Karanja Ghadge- 442203. PAN : AABAP4819L 2009-10 2 आदेश / ORDER PER INTURI RAMA RAO, AM: These bunch of appeals preferred by the different assessees for the various assessment years mentioned in the caption emanates from the orders of the Learned Commissioner of Income Tax (Appeals) as per the respective grounds of appeal on record. 2. It is stated before me that the tax effect in these 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 appeals 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 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 these appeals is less than Rs.50 lakhs, these appeals deserve to be dismissed as not pressed / Revenue by : Shri G. J. Ninawe Assessee by : Shri Mahavir Atal (Sl. No.1, 2, 3 & 5) Shri Rajpal Singhal (Sl. No.4) Date of hearing : 27.09.2022 Date of pronouncement : 27.09.2022 3 not maintainable. However, I make it clear that the issues raised in these appeals are left open to be examined in the appropriate proceedings, if arises, in future. At the same time, I also make it clear that if these 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, these appeals filed by the Revenue stand dismissed. 3. In the result, the all the above captioned appeals filed by the Revenue stands dismissed. Order pronounced in the open Court on this 27 th day of September, 2022. Sd/- (INTURI RAMA RAO) ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 27 th September, 2022. Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT(A)-2, Nagpur. 4. The Pr. CIT-2, Nagpur. 5. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, नागपुर / DR, ITAT, Nagpur. 6. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.