I.T.O., Ward-1(1), Aligarh V. Sh. Sumit Raj Kantak, Aligarh

MA 24/AGR/2018

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 6826 (ITAT-AGRA)
• Duration Of Justice: 2 year(s) 5 month(s) 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-05-2024
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 30-05-2024
• Assessment Year: 2009-2010
• Appeal Filed On: 16-12-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE: SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER AND SHRI P.C. YADAV, JUDICIAL MEMBER M.A. No. 24/Agr/2018 (in ITA No. 288/Agr/2016) Assessment Year: 2009-10 Income-tax Officer, Ward 1(1), Aligarh. versus Shri Sumit Raj Kantak, 99, Chhatriwala Kuaon, Mahavir Ganj, Aligarh. PAN: ABVPK6760H (Applicant) (Respondent) Revenue by : Sh. Shailendra Srivastava, Sr. DR Assessee by : None (Adjournment appl. filed) Date of hearing : 31.05.2024 Date of pronouncement: 31.05.2024 ORDER PER P.C. YADAV, JM: This miscellaneous application is filed by the Revenue u/s. 254(2) of the Income-tax Act in respect of the order of ITAT dated 11.01.2018 in ITA No. 288/Agr/2016 for the assessment year 2009-10. 2. The main contention of the Revenue is that the tax effect in this case was Rs. 11,03,705/-. However, the ITAT dismissed the appeal of the Revenue on the ground that tax effect is below Rs.10,00,000/- and M.A. No. 24/Agr/2018M.A. No. 13/Agr/2019 2 hence, in view of Circular No. 21/2015 dated 10.12.2015, the appeal of the Revenue is not maintainable. Ld. DR pointed out that the tax effect in this case was above Rs.10,00,000/- and hence, there is a mistake in the order of Hon’ble ITAT. 3. Nobody appeared from the side of assessee. Written adjournment application has been filed. However, the same is rejected in view of the findings given hereunder. 4. As per the report of the Assessing Officer and as per the submissions of ld. DR, the tax effect in this case is Rs.11,03,705/-. Therefore, there is a mistake apparent from record which needs rectification. Accordingly, we restore the order dated 11.01.2018 passed by ITAT in ITA No. 288/Agr/2016. 5. However, the CBDT has now enhanced the monetary limits for filing the appeals by the Revenue before the Income-tax Appellate Tribunal, High Court and Supreme Court vide its Circular No. 03/2018 dated 11.07.2018 in the following manner : S.No. Appeals/SLPs in Income-tax matters Monetary Limit (Rs.) 1. Before Appellate Tribunal 20,00,000 2. Before High Court 50,00,000 3. Before Supreme Court 1,00,00,000 M.A. No. 24/Agr/2018M.A. No. 13/Agr/2019 3 6. On 8 th August, 2019, CBDT has issued an amended Circular No. 17/2019, in which the monetary limit for filing appeal before the Tribunal was further enhanced to Rs.50,00,000/-. Therefore, the appeal of the Revenue, in which admittedly the tax effect is below Rs.50,00,000/- is not maintainable. Learned DR has also fairly conceded that in view of latest Circular of CBDT, appeal of the Revenue is not maintainable. Accordingly, the appeal of the Revenue would still stand dismissed as non-maintainable. 7. In the result, MA filed by the Revenue is allowed and the appeal of the Revenue stands dismissed as non-maintainable. Order pronounced in the open court on 31.05.2024 after conclusion of hearing and reduced in writing and signed on 03.06.2024. Sd/- Sd/- (RAMIT KOCHAR) (P.C. YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 03.06.2024 *aks/-