ITO, WARD-2(3), CUTTACK vs. SRI MANOJ KUMAR DHANUKA, CUTTACK
What did the Tribunal hold?
The Tribunal dismissed the appeal filed by the Revenue. This was based on the Revenue's counsel conceding that the tax effect was below the prescribed monetary limit and seeking withdrawal of the appeal.
What were the facts?
The Revenue filed an appeal against the order of the CIT(A) for the assessment year 2009-2010. The tax effect in the appeal was below the monetary limit prescribed by the CBDT.
What were the issues?
Whether the appeal filed by the Revenue should be withdrawn due to the low tax effect, in line with CBDT circulars and Section 268A of the Income Tax Act.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK
Before: SHRI CHANDRA MOHAN GARG
IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK
BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER
ITA No.374/CTK/2018 Assessment Year : 2009-2010
ITO, Ward 2(3) Cuttack. Vs. Sri Manoj Kumar Dhanuka, Prop. M/s. Jagannath Distributors, Jhunjhunwala, Complex, Buxi Bazar, Cuttack PAN/GIR No.AECPD 0593 H (Appellant) .. ( Respondent)
Assessee by : None Revenue by : Shri Subhendu Dutta, DR
Date of Hearing : 05/02/ 2019 Date of Pronouncement : 05 /02/ 2019
O R D E R This is an appeal filed by the Revenue against the order of
the Commissioner of Income Tax(Appeals)- Cuttack, dated
30.7.2018 for the assessment year 2009-2010.
None appeared on behalf of the respondent-assessee when
the matter was called for hearing.
3 Ld. D.R. appearing for the revenue conceded that tax effect
in this appeal is Rs.6,92,646/- which is less than the monetary
limit prescribed by the Board vide Circular No.03./2018 dated
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11.7.2018 and sought for withdrawal of the appeal filed by the
revenue before the Tribunal.
Keeping in view the CBDT Circular No. 3 of 2018 dated
11.07.2018 and also the provisions of Section 268A of Income Tax
Act, 1961 and in view of the statement at Bar by ld D.R. for
withdrawal of the appeal, I dismiss the appeal of the revenue as
withdrawn.
In the result, appeal of the revenue is dismissed.
Order pronounced on 05 /02/2019. Sd/- (Chandra Mohan Garg) JUDICIALMEMBER Cuttack; Dated 05/02/209 B.K.Parida, SPS Copy of the Order forwarded to : 1. The Appellant : ITO Ward 2(3), Cuttack
The Respondent. Sri Manoj Kumar Dhanukum,a Prop. M/s. Jagannath Distributiros, Jhunjhunwala Complex, Buxibazar, Cuttack 3. The CIT(A)- Cuttack 4. Pr.CIT- Cuttack 5. DR, ITAT, Cuttack 6. Guard file. //True Copy// By order
Sr.Pvt.secretary, ITAT, Cuttack
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More judgments on Section 268A
- Income Tax Officer, Ajmer vs Hemant Kumar Sharma, AjmerITA 1506/JPR/2026[2021-22]Status: Disposed21 Oct 2026AY 2021-22
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- Income Tax Officer, Ward-1, Mehsana vs Hemantkumar Faljibhai Chaudhary, MehsanaITA 475/AHD/2025[2012-13]Status: Disposed25 Sept 2026AY 2012-13
- Dy. CIT-4(1), Indore vs Kiran Bajpai, IndoreITA 426/IND/2026[2024-25]Status: Disposed9 Sept 2026AY 2024-25
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