SHRI PRANAV TRIPATHI, MAHOBA V. ITO-5(5), BANDA

MA 18/ALLD/2022

• Counselvise Citation: [2022] 103 COUNSELVISE.COM (IT) 8688 (ITAT-ALLAHABAD)
• Duration Of Justice: 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-11-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 10-11-2022
• Assessment Year: 2014-2015
• Appeal Filed On: 11-10-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MAYANK PANDEY
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ALLAHABAD BENCH, ALLAHABAD BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER Miscellaneous Application (M.A.) No. 18/ALLD/2022 Arising out of ITA No.161/ALLD/2017 Assessment Year: 2014-15 Shri Pranav Tripathi, Mauza Mochipura, Kabrai Mahoba, U.P. PAN- AEAPT4795B v. Income Tax Officer,5 (5), Banda, U.P. (Appellant) (Respondent) Appellant by: Mr. Mayank Pandey, C.A. Respondent by: Mr. A.K. Singh, Sr. DR Date of hearing: 11.11.2022 Date of pronouncement: 11.11.2022 O R D E R PER SHRI VIJAY PAL RAO, JUDICIAL MEMBER By way of this Misc. application, the assessee is seeking recalling of order dated 17 th May, 2022 of this Tribunal whereby the appeal of the Revenue in ITA No. 161/ALLD/2017 was disposed of ex-parte. 2. The assessee in the Misc. Application has stated that the father of the assessee is suffering from Cancer and due to critical illness, the assessee could not attend the hearing before the Tribunal nor instructed the authorized representative to appear on behalf of the assessee. Apart from explaining the reasons for non-appearance, the assessee has also pointed out that the tax effect in the revenue’s appeal is less than MA No. 18/ALLD/2022 in ITA No. 161/ALLD/2017 Sh. Pranav Tripathi, 2 the monetary limit of Rs. 50,00,000/- provided in the CBDT Circular No. 17/2019 dated 08.08.2019. The assessee has also filed a calculation of the tax effect in the revenue’s appeal which is claimed at Rs. 49,92,960/-. The Tribunal directed the AO to file a report on the tax effect in the revenue’s appeal which was decided by the Tribunal ex-parte. The Ld. DR has filed the report of the AO dated 1 st November, 2022 wherein, the Assessing Officer has accepted the fact that the tax effect in the revenue’s appeal is less than Rs. 50,00,000/- as provided in the CBDT Circular No. 17/2018. The AO has pointed that at the time of filing the appeal, the monetary limit for filing appeal by the Revenue was only Rs. 20,00,000/- which was enhanced subsequently to Rs. 50,00,000/-. 3. We have heard the Ld. AR as well as Ld. DR and considered the relevant record. At the outset, we note that prima-facie the tax effect in the revenue’s appeal is not exceeding to monetary limit prescribed in CBDT Circular No. 3 of 2018 as well as No. 17 of 2019. The AO has accepted the fact that the Circular of CBDT is applicable in this case. Therefore, having regard to the facts and circumstances of the case, where the tax effect in the revenue’s appeal is not exceeding to monetary limit prescribed in CBDT Circular No. 17 of 2019 then, the question of maintainability of the revenue’s appeal is required to be decided which was not considered at the time of passing the impugned order dated 17 th May, 2022. 4. Accordingly, we recall the impugned order dated 17th May, 2022 of this Tribunal for deciding the appeal of the revenue afresh after hearing both the parties MA No. 18/ALLD/2022 in ITA No. 161/ALLD/2017 Sh. Pranav Tripathi, 3 on the issues including the issue of maintainability of the appeal due to low tax effect. The Registry is directed to fix the appeal of the revenue for fresh hearing and disposal on 15 th November, 2022. The date of hearing of the appeal is pronounced in the Open Court and has been noted down by both the parties. Therefore, no separate notice of hearing of the appeal is required to be issue to the parties. 5. In the result, the Misc. Application filed by the assessee is allowed. Order pronounced in the Open Court on conclusion of hearing on 11.11.2022 Sd/- Sd/- [RAMIT KOCHAR] [VIJAY PAL RAO] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 11/11/2021 Kd. Copy forwarded to: 1. Appellant 2. Respondent 3. CIT(A) 4. CIT 5. DR By order Assistant Registrar