ITO, WARD-2(1), PATNA V. M/S NAVYUG HOMES PVT LTD, PATNA

ITA 82/PAT/2020

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 8510 (ITAT-PATNA)
• Duration Of Justice: 1 year(s) 4 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-02-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 07-10-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

ITA No. 82/PAT/2020 A.Y. 2012-2013 M/s. Navyug Homes Pvt. Ltd., Patna 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA-PATNA ‘E-COURT’, KOLKATA [Virtual Court Hearing] Before Shri Rajpal Yadav, Vice-President & Shri Rajesh Kumar, Accountant Member I.T.A. No. 82/PAT/2020 Assessment Year: 2012-2013 Income Tax Officer,......................................................................Appellant Ward-2(1), Patna, Room No. 403C, 4 th Floor, Lok Nayak Jai Prakash Bhawan, Patna-800001 -Vs.- M/s. Navyug Homes Pvt. Ltd.,.................................................Respondent B-210, Ambition Business Centre, Jamal Road, Patna-800001 [PAN:AACCN0742P] Appearances by: Shri Sanjay Mukherjee, CIT(D.R.) , appeared on behalf of the Revenue Shri A.K. Rastogi, Sr. Advocate, appeared on behalf of the assesseee Date of concluding the hearing : February 17, 2022 Date of pronouncing the order : February 21, 2022 O R D E R Per Shri Rajpal Yadav, Vice-President (KZ):- This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals), Patna-1 dated 30 th June, 2020 for assessment year 2012-13. 2. The ld. counsel for the assessee pointed out that the tax effect by virtue of relief given by the first appellate authority is less than Rs.50,00,000/-. He brought to our notice CBDT Instruction bearing No. 17 ITA No. 82/PAT/2020 A.Y. 2012-2013 M/s. Navyug Homes Pvt. Ltd., Patna 2 of 2019 issued on 8 th August 2019, vide which CBDT has directed its subordinate authorities not to challenge the order of ld. CIT(Appeals) before Tribunal if tax effect by virtue of relief given by the ld. CIT(Appeals) is less than Rs.50,00,000/-. Such order could only be challenged if it comes within exceptions provided in the Instruction. According to the ld. counsel for the assessee, this case does not fall in any of the exceptions and, therefore, this appeal is not maintainable. He also pointed out that these Instructions are applicable even on pending appeals. On the other hand, ld. CIT(DR) is unable to controvert the facts. 3. On due consideration of the above facts and circumstances, we dismiss this appeal of the Revenue for want of tax effect. However, in case on re-verification of the facts at the end of the Assessing Officer, it comes out that tax effect is more or this case falls in any of the exceptions provided in this Instruction. Then Revenue will be at liberty to file Miscellaneous Application for revival of this appeal. Such application should be filed within the time limit provided in the Act. 4. In the result, the appeal of the Revenue is dismissed. Order pronounced in the open Court on February 21, 2022. Sd/- Sd/- (Rajesh Kumar) (Rajpal Yadav) Accountant Member Vice-President (KZ) Kolkata, the 21 st day of February, 2022 Copies to : (1) Income Tax Officer, Ward-2(1), Patna, Room No. 403C, 4 th Floor, Lok Nayak Jai Prakash Bhawan, Patna-800001 (2) M/s. Navyug Homes Pvt. Ltd. B-210, Ambition Business Centre, Jamal Road, Patna-800001 (3) Commissioner of Income Tax (Appeals), Patna-1 (4) Commissioner of Income Tax , (5) The Departmental Representative ITA No. 82/PAT/2020 A.Y. 2012-2013 M/s. Navyug Homes Pvt. Ltd., Patna 3 (6) Guard File TRUE COPY By order Assistant Registrar Income Tax Appellate Tribunal, Kolkata Benches, Kolkata Laha/Sr. P.S.