ITO, WARD-2(1), JAMSHEDPUR vs. ASHOK KUMAR VISHWAKARMA, JAMSHEDPUR

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ITA 4/RAN/2021Status: DisposedITAT Ranchi30 November 2023AY 2016-173 pages

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Income Tax Appellate Tribunal, RANCHI BENCH, RANCHI

Before: DR. MANISH BORAD, HON’BLE & SHRI SONJOY SARMA, HON’BLE

For Appellant: Shri M.K. Choudhary, Advocate
For Respondent: Shri Pranob Kumar Koley, Sr. DR
Hearing: 30.11.2023Pronounced: 30.11.2023

IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI BENCH, RANCHI BEFORE DR. MANISH BORAD, HON’BLE ACCOUNTANT MEMBER AND SHRI SONJOY SARMA, HON’BLE JUDICIAL MEMBER ITA No.03/Ran/2021 Assessment Year: 2016-17 ITO, Ward-2(1), Jamshedpur Shri Surendra Prasad House No. A-309, Nildih Road, vs Madhushudhan Madhur Jivan Complex, Golmuri, Jamshedpur- 831004 PAN: ABWPP 7425 P (Appellant) (Respondent) C.O. No.16/Ran/2021 (Arising out of ITA No. 03/Ran/2021) Assessment Year: 2016-17 Shri Surendra Prasad ITO, Ward-2(1), Jamshedpur House No. A-309, Nildih Road, Madhushudhan Madhur Jivan vs Complex, Golmuri, Jamshedpur- 831004 PAN: ABWPP 7425 P (Cross-Objector) (Respondent) ITA No.04/Ran/2021 Assessment Year: 2016-17 ITO, Ward-2(1), Jamshedpur Shri Ashok Kumar Vishwakarma House No.-111C, in front of Binita vs Medical Store, Main Road, Ghorabanda, P.O. Telco Works, Jamshedpur-831004. PAN: AAPPV 8305 A (Appellant) (Respondent) C.O. No.17/Ran/2021 (Arising out of ITA No. 04/Ran/2021) Assessment Year: 2016-17 Shri Ashok Kumar Vishwakarma ITO, Ward-2(1), Jamshedpur House No.-111C, in front of Binita Medical Store, Main Road, vs Ghorabanda, P.O. Telco Works, Jamshedpur-831004. PAN: AAPPV 8305 A (Cross-Objector) (Respondent) Present for: Assessee by : Shri M.K. Choudhary, Advocate Revenue by : Shri Pranob Kumar Koley, Sr. DR Date of Hearing : 30.11.2023 Date of Pronouncement : 30.11.2023

2 ITA No.3/RAN/2021 AND C.O. No. 16/RAN/2021 Shri Surendra Prasad ITA No.4/RAN/2021 AND C.O. No. 17/RAN/2021 Shri Ashok Kumar Vishwakarma A.Y. 2016-17 O R D E R PER BENCH: These captioned appeals are filed by the revenue as well as cross- objections filed by the assessee against two separate orders passed by the ld. CIT(A), Jamshedpur dated 31.08.2020 for the A.Y. 2016-17.

2.

The ld. Counsel for the assessee at the outset has pointed out that the tax effect involved in the captioned appeals filed by the Revenue are less than the revised monetary limit of Rs. 50,00,000/- fixed by the C.B.D.T. for filing the appeals of the Revenue before the Tribunal and this position which is clearly evident from the grounds raised by the Revenue in this appeal is not disputed even by the ld. D.R. In the Circular No. 17/2019 dated 8th August, 2019 issued by the C.B.D.T., the monetary limit for filing the appeal by Revenue before the Tribunal is revised to Rs. 50,00,000/-. As further clarified in the said Circular, the monetary limit so revised is applicable even to the pending appeals and the same are directed to be withdrawn or not pressed. We accordingly treat this appeal as withdrawn/not pressed on account of low tax effect in view of the C.B.D.T. Circular No. 17/2019 dated 8th August, 2019 and dismiss the same. Consequent to that the cross-objections filed by the assessee are also dismissed as withdrawn.

3.

In the result, the appeals of the revenue as well as cross-objections filed by the assessee are dismissed. Order pronounced in the open court on 30.11.2023 Sd/- Sd/-

(MANISH BORAD) (SONJOY SARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Kolkata: 30.11.2023 Biswajit, Sr. P.S.

3 ITA No.3/RAN/2021 AND C.O. No. 16/RAN/2021 Shri Surendra Prasad ITA No.4/RAN/2021 AND C.O. No. 17/RAN/2021 Shri Ashok Kumar Vishwakarma A.Y. 2016-17 Copy to: 1. The Appellant: 2. The Respondent: 3. The CIT, 4. The CIT (A) 5. The DR . //True Copy// [ By Order

Assistant Registrar ITAT, Kolkata Benches, Kolkata

ITO, WARD-2(1), JAMSHEDPUR vs ASHOK KUMAR VISHWAKARMA, JAMSHEDPUR | BharatTax