Income Tax Appellate Tribunal - Nagpur
Income Tax Officer Ward -3(4), Nagpur vs Ispat Industries Employees Credit ... on 27 September, 2022
IN THE INCOME TAX APPELLATE TRIBUNAL
NAGPUR BENCH, NAGPUR - VIRTUAL COURT
BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER
Sl. ITA No. Name of Appellant Name of Respondent Asst.
No. Year
1. 70/NAG/2019 ITO, Ward-3(4), Ispat Industries 2012-13
Nagpur. Employees Credit
Co-op. Society,
Ispat Nagar,
Kalmeshwar,
Nagpur- 441501.
PAN : AAAAI2652K
2. 74/NAG/2019 ITO, Ward-2, Nagpur. M/s. Wardha Urban 2009-10
And Rural Co-
operative Society
Limited,
Borgaon Meghe,
Nagpur- 442001
PAN : AAAFW6633P
3. 75/NAG/2019 ITO, Ward-2, Wardha. M/s. Shriram Nagri 2009-10
Sahakari Pat Sanstha
Maryadit,
Dayal Nagar,
Wardha- 442001.
PAN : AAGAS3582C
4. 76/NAG/2019 ITO, Ward-2, Wardha. M/s. Sanmati Nagri 2009-10
Shakari Pat Sanstha
Maryadit,
Wanjari Chowk, Near
Water Tank,
Wardha- 442001.
PAN : AAEAS7314J
5. 77/NAG/2019 ITO, Ward-2, Wardha. M/s. Priydarshani 2009-10
Mahila Sahakari Pat
Sanstha Maryadit
Karanja Ghadege,
Gharpure Complex,
Main Road, Karanja
Ghadge, Karanja
Ghadge- 442203.
PAN : AABAP4819L
2
Revenue by : Shri G. J. Ninawe
Assessee by : Shri Mahavir Atal (Sl. No.1, 2, 3 & 5)
Shri Rajpal Singhal (Sl. No.4)
Date of hearing : 27.09.2022
Date of pronouncement : 27.09.2022
आदेश / ORDER
PER INTURI RAMA RAO, AM:
These bunch of appeals preferred by the different assessees for the various assessment years mentioned in the caption emanates from the orders of the Learned Commissioner of Income Tax (Appeals) as per the respective grounds of appeal on record.
2. It is stated before me that the tax effect in these appeals is less than Rs.50 lakhs and therefore, the Circular No.17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes (CBDT) in exercise of its power vested under Sec.268A(1) of the IT Act comes into play wherein, the monetary limit for filing the appeals by the Revenue before the ITAT and various High Courts as well as Apex Court are revised with an object of reducing the tax litigation. Vide para 3 of the said circular (supra) it is stated that in cases where the tax effect in the appeals to be filed before the Appellate Tribunal does not exceed Rs.50 lakhs appeals should not be filed. Thus, taking a note of CBDT Circular No.17/2019, dated 08.08.2019 and considering the fact that the tax effect in these appeals is less than Rs.50 lakhs, these appeals deserve to be dismissed as not pressed / 3 not maintainable. However, I make it clear that the issues raised in these appeals are left open to be examined in the appropriate proceedings, if arises, in future. At the same time, I also make it clear that if these appeals fall in any of the exceptions referred to in the above said CBDT Circular, the Revenue is at liberty to move an application for recalling the order if so advised. Accordingly, in the light of CBDT Circular No.17/2019 dated 08/08/2019, these appeals filed by the Revenue stand dismissed.
3. In the result, the all the above captioned appeals filed by the Revenue stands dismissed.
Order pronounced in the open Court on this 27th day of September, 2022.
Sd/-
(INTURI RAMA RAO) ACCOUNTANT MEMBER पुणे / Pune; दनांक / Dated : 27th September, 2022. Sujeet आदेश क ितिलिप अ ेिषत / Copy of the Order forwarded to :
1. अपीलाथ / The Appellant.
2. यथ / The Respondent.
3. The CIT(A)-2, Nagpur.
4. The Pr. CIT-2, Nagpur.
5. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, नागपुर / DR, ITAT, Nagpur.
6. गाड फ़ाइल / Guard File.
आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.