ITO, WARD-1(1), CUTTACK vs ASHOK SULTANIA, CUTTACK

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,

For Appellant: Shri P.K.Mishra/Himansu Bhusan

For Respondent: Shri S.C.Mohanty, Shri S.C.Mohanty, Sr DR

Hearing: 4/12Pronounced: 4/12

This is an appeal filed by the revenue against the order of the ld against the order of the ld CIT(A), , NFAC NFAC, Delhi dated 25.7.2023 in Appeal No. CIT(A),Cuttack/.10120/2016 CIT(A),Cuttack/.10120/2016-17 for the assessment year for the assessment year 2010-2011.

S/Shri Shri P.K.Mishra/Himansu Bhusan Jena, ld ARs ld ARs appeared for the assessee and Shri S.C.Mohanty, ld Sr DR appeared for the revenue. assessee and Shri S.C.Mohanty, ld Sr DR appeared for the revenue. assessee and Shri S.C.Mohanty, ld Sr DR appeared for the revenue.

At the outset, ld AR At the outset, ld AR of the assessee submitted that of the assessee submitted that the tax effect in this appeal of Revenue is below the prescribed monetary limits for filing of this appeal of Revenue is below the prescribed monetary limits for filing of this appeal of Revenue is below the prescribed monetary limits for filing of appeals before ITAT. appeals before ITAT. In this appeal of Revenue, the quantum In this appeal of Revenue, the quantum of addition

P a g e 1 | 3 involved is Rs.37,88,000/- on which total tax effect is Rs.13,31,540/-, which is much below the prescribed limit of Rs. 50 lakhs fixed by the CBDT vide its Circular No.17/2019 dated 8th August, 2019. Ld Sr DR did not dispute the applicability of CBDT circular cited (supra) and the tax effect being below Rs.50 lakhs.

I have considered the rival submissions. Vide its circular No.17/2019 dated 8th August, 2019, the CBDD. I find that the present appeal of the Revenue fall within the purview of the CBDT Instruction cited (supra). It is not disputed by the Revenue that the tax effect on the total addition is less than Rs.50 lakhs, and therefore, keeping in view the above CBDT circular and provisions of section 268A of the Income Tax Act, I am of the view that the present appeal of the Revenue deserves to be dismissed. Consequently, the tax effect being below the prescribed limit fixed by the CBDT vide its circular No.17/019 dated 8th August, 2019, the appeal filed by the revenue stands dismissed.

In the result, appeal filed by the assessee is dismissed.

Order dictated and pronounced in the open court on 4/12/2023.

Sd/- (George Mathan) JUDICIAL MEMBER Cuttack; Dated 4/12/2023 B.K.Parida, SPS (OS)

P a g e 2 | 3

ITO, WARD-1(1), CUTTACK vs. ASHOK SULTANIA, CUTTACK