INCOME TAX OFFICER, BARGARH vs. TAMPERSARA SERVICE CO-OPERATIVE SOCIETY LIMITED, TAMPERSARA

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ITA 297/CTK/2024Status: HeardITAT Cuttack10 September 2024AY 2021-223 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the tax effect was below the prescribed limit and the direction from the Pr. CIT did not provide any specific reasons for exclusion. Therefore, the appeal filed by the revenue was dismissed.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A), NFAC, Delhi for the assessment year 2021-22. The assessee's counsel submitted that the tax effect in the appeal was below the monetary limit prescribed by the CBDT.

What were the issues?

The primary issue was whether the appeal filed by the revenue should be dismissed due to the tax effect being below the monetary limit prescribed by the CBDT.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

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

Before: MANISH AGARWAL

For Appellant: Shri Narayan Dash, Adv
For Respondent: Shri S.C.Mohanty, Sr
Hearing: 10/9Pronounced: 10/9

Assessment Year : 2021-2022 2022 Income Income Tax Tax Officer, Officer, Vs. Tampersara Tampersara Service Service Co Co- Baragarh operative Society Limited, operative Society Limited, At: At: Tampersara, Tampersara, PO: PO: Kadobahal, Dist: Bargarh Kadobahal, Dist: Bargarh PAN/GIR No. No.AACAT 1500 F (Appellant (Appellant) .. ( Respondent Respondent) Assessee by : Shri Narayan Dash, Adv Narayan Dash, Adv Revenue by : Shri S.C.Mohanty, Sr S.C.Mohanty, Sr DR Date of Hearing : 10/9 9/2024 Date of Pronouncement : 10/9 /9/2024 O R D E R Per Bench This is an appeal filed by the revenue against the order of the against the order of the ld CIT(A), NFAC, Delhi dated 22.5.2024 CIT(A), NFAC, Delhi dated 22.5.2024 in Appeal No. in Appeal No.NFAC/2020- 21/10212222 for the assessment year 2021-22.

2.

Shri Narayan Dash, Narayan Dash, ld AR appeared for the assessee and Shri the assessee and Shri S.C.Mohanty, Sr. S.C.Mohanty, Sr. DR appeared for the revenue.

3.

At the very outset, ld At the very outset, ld AR has submitted that the tax effect in the AR has submitted that the tax effect in the present appeal is below the monetary limit prescribed by the CBDT vide present appeal is below the monetary limit prescribed by the CBDT vide present appeal is below the monetary limit prescribed by the CBDT vide

P a g e 1 | 3 circular No.17/2019 dated 8.8.2019, therefore, the appeal filed by the revenue be dismissed.

4.

It is noticed that the revenue has filed this appeal at the direction of the Pr. CIT, Sambalpur, which reads as follows:

P a g e 2 | 3

5.

A perusal of the assessment records shows that the tax effect is below the prescribed limited fixed by the CBDT vide circular BNo.17/2019 (supra). The direction of the Pr. CIT also does not give any specific reason for exclusion of the issues as per the Board Circular in respect of tax effect. Consequently, the appeal of the revenue stands dismissed on account of tax effect.

6.

In the result, appeal of the revenue stands dismissed.

Order dictated and pronounced in the open court on 10/9/2024.

Sd/- sd/- (Manish Agarwal) (George Mathan) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 10/9/2024 B.K.Parida, SPS (OS) Copy of the Order forwarded to : 1. The appellant: Income Tax Officer, Baragarh 2. The Respondent: Tampersara Service Co- operative Society Limited, At: Tampersara, PO: Kadobahal, Dist: Bargarh 3. The CIT(A)- NFAC, Delhi 4. Pr.CIT, Sambalpur 5. DR, ITAT, 6. Guard file. //True Copy// By order

Sr.Pvt.Secretary ITAT, Cuttack

P a g e 3 | 3

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