DY.CIT , CIRCLE -3, Nagpur V. M/S. BABASAHEB KEDAR SHETKARI SAHAKARI SOOT GIRNI LTD., Nagpur

ITA 85/NAG/2019

AI Insights

The case involves an appeal by the Deputy Commissioner of Income Tax, Circle-3, Nagpur against M/s. Baba Saheb Kedar Shetkari Sahakari Soot Girni Ltd. The appeal was directed against the order of the Commissioner of Income Tax (Appeals)-2, Nagpur, dated 18.01.2019 for the Assessment Year 2007-08. The primary contention raised by the assessee's representative was that the tax effect involved in the appeal was below Rs. 50 lakhs, making it non-maintainable as per the CBDT Circulars cited. The Departmental Representative conceded to this fact, leading to the dismissal of the appeal on the grounds of low tax effect.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 136656 (ITAT-NAGPUR)
• Duration Of Justice: 4 year(s) 4 month(s) 24 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: 2007-2008
• Appeal Filed On: 02-04-2019
• 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. 85/NAG/2019 (A.Y. 2007-08) DCIT, Circle-3, Nagpur. vs M/s. Baba Saheb Kedar Shetkari Sahakari Soot Girni Ltd., Hingana, Wanadongari, Nagpur. PAN : AAAAN 0318 F Appellant/Revenue Respondent/Assessee Assessee by : Shri Kapil Hirani, AR Revenue by : Shri Rishi Kumar Bisen, 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 18.01.2019 for A.Y.2007-08 as per the grounds of appeal on record. 2. At the very outset, ld.AR of the assessee 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. 3. Ld.DR admitted the fact that the appeal of the Revenue is not maintainable due to low tax effect. ITA No. 85/NAG/2019 M/s. Baba Saheb Kedar Shetkari Sahakari Soot Girni Ltd. 2 4. Having heard the parties and considering the materials on record, we find that the appeal filed by the Revenue is not maintainable due to 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.