Deputy Commissioner of Income Tax, Circle - 1(1), Panaji V. Shri Edgar Braz Afonso, Calangute

ITA 96/PAN/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 6332 (ITAT-PANAJI)
• Duration Of Justice: 3 year(s) 2 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-06-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: WT(D)
• Assessment Year: 2008-2009
• Appeal Filed On: 21-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RANJAN KUMAR
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, PANAJI BENCH, PANAJI BEFORE SHRI C.M. GARG, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER I.T.A. No.96/PAN/2019 Assessment Year: 2008-09 DCIT, Circle 1(1) Panaji, Goa. Vs. Shri Edgar Braz Afonso, Tivani Vado, Calangute, Goa. (PAN: ABQPA3001A) Appellant Respondent Date of Hearing 17.06.2022 Date of Pronouncement 17.06.2022 Assessee by None Department by Shri Ranjan Kumar, CIT, DR & Mayur Kamble, Sr. DR ORDER PER C.M. GARG, JM: This appeal has been filed by the Revenue against the order of the CIT(A), Panaji-1, dated 27.12.2018 for assessment year 2008-09. 2. When the appeal was taken up for hearing, the learned Sr. DR, in all fairness, submitted that this appeal having low tax effect can be disposed of even in absence of the assessee. On perusal of the relevant appeal record, we are of the considered view that since the issue is agitated by the Revenue and having low tax effect in view of CBDT Circular dated 8 th August, 2019, therefore, we proceed to decide the appeal in absence of the assessee after considering the submissions of the learned. DR. 2 ITA No.96/PAN/2019 DCI vs. Shri Edgar Braz Afonso 3. The ld. DR, at the outset, conceded that the tax effect involved in the grounds raised by the Revenue is below Rs.50 lakhs. Therefore, in view of the CBDT Circular No.17/2019 dated 8 th August, 2019 and the subsequent clarification issued by the CBDT on 20 th August, 2019 explaining that the said Circular is applicable to all pending appeals, the appeal filed by the Revenue is not maintainable and has to be treated as withdrawn. 4. After hearing the ld. DR and on perusal of the record, we find that it is an undisputed fact that the tax effect involved in the grounds raised by the Revenue is below Rs.50 lakhs, therefore, in view of the CBDT Circular No.17/2019 dated 8 th August, 2019 and the subsequent clarification dated 20 th August, 2019, vide F.No.279/Misc./M-93/2018-ITJ clarifying that the said Circular is applicable to all pending appeals, the appeal filed by the Revenue is not maintainable and has to be treated as withdrawn on account of low tax effect. Accordingly, the same is dismissed. 5. In the result, the appeal filed by the Revenue is dismissed. Order pronounced in the open court on 17 th June, 2022. Sd/- Sd./- (Girish Agrawal) (C.M. Garg) Accountant Member Judicial Member Dated: 17.06.2022 dk 3 ITA No.96/PAN/2019 DCI vs. Shri Edgar Braz Afonso Copy of the order forwarded to: 1. Appellant 2. Respondent 3. CIT(A) 4. Pr. CIT 5. DR, ITAT, Panaji, Goa. 6. Guard File True Copy By Order Sr. Private Secretary, ITAT Panaji Bench, Panaji (On Tour)