A.C.I.T. CENTRAL CIR.-2(2), Nagpur V. SMT. ANJU A. SARAF, Nagpur

MA 9/NAG/2020

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4019 (ITAT-NAGPUR)
• Duration Of Justice: 2 year(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-06-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 01-06-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJEEV BENJWA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR U.S, JUDICIAL MEMBER M.A No.09/Nag./2020 (Arising out of ITA No.510/Nag./2016) and (C.O.No.06/Nag/2017) (Assessment Year : 2007–08) ACIT, Circle–1 Room No.508, 5 th Floor, MECL Building Seminary Hills Nagpur–440 006 ............... Appellant v/s Smt. Anju Saraf Flat No.C–2, Yogeshwar Ganga Apartment, 97&98 Farmland, Ramdaspeth Nagpur–440 012 PAN No: AETPS5421E ................... Respondent Assessee by : Shri Sudesh Banthia, CA Revenue by : Shri Rajeev benjwa, CIT Date of Hearing – 09.06.2022 Date of Order –09.06.2022 O R D E R PER SHRI VIKRAM SINGH YADAV, A.M. This Miscellaneous Application filed by the Revenue arising out of order of the Co–ordinate Bench in ITA No. 510/Nag/2016, dated 15.10.2019, wherein the appeal filed by the Revenue was dismissed on account of low tax effect as well as the Cross Objection No. 06/Nag/2017 was dismissed. 2 MA No.09/Nag/2020 2. During the course of hearing, the ld. DR submitted that the tax effect involved in this appeal is above, the prescribed threshold of . 50 lacs amounting to .2,40,25,697/– and therefore, the Revenue may be allowed to seek a withdrawal of the order so passed by the Tribunal for hearing the same on merits. 3. The ld. AR was heard, who has not raised any objections. 4. After hearing both the parties and perusing the material available on record and the order so passed by the Co–ordinate Bench, dated 15.10.2019, so far as, it relates to the assessee and the appeal filed by the Revenue and the Cross Objection of the assessee is hereby recalled and the appeal of the Revenue in ITA No. 510/Nag/2016 & C.O.No.06/Nag/2017 are hereby directed to be listed for fresh hearing and the Registry is directed to issue notice to both the parties. 5. In the result, Miscellaneous Application filed by the Revenue is allowed. Order pronounced in the open Court on 09 .06.2022 Sd/– YOGESH KUMAR U.S JUDICIAL MEMBER Sd/– VIKRAM SINGH YADAV ACCOUNTANT MEMBER NAGPUR, DATED: 09 .06.2022 3 MA No.09/Nag/2020 Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The CIT(A); (4) The CIT, Nagpur City concerned; (5) The DR, ITAT, Nagpur; (6) Guard file. True Copy By Order Kasarla Thirumalesh Sr. Private Secretary (A.R./Sr. P.S./P.S.) ITAT, Nagpur