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Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR
Before: SHRI R. K. PANDA & MS. SUCHITRA KAMBLE
IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA No.87/RPR/2015 Assessment Year : 2010-11 DCIT, Circle- 1(1), Subhash Kumar Agrawal, Bilaspur (CG). Dabhra Road, Kharasia, Vs. Distt. Raigarh, Raigarh (CG).
PAN : ABDFS6276L (Appellant) (Respondent)
ITA No.114/RPR/2015 Assessment Year : 2010-11 Subhash Kumar Agrawal, DCIT- 1(2), Dabhra Road, Kharasia, Bilaspur (CG). Distt. Raigarh, Vs. Raigarh (CG).
PAN : ABDFS6276L (Appellant) (Respondent)
Department by : Shri D. K. Jain, DR Assessee by : Shri S. R. Rao, Adv. : 09-08-2018 Date of hearing Date of pronouncement : 09-08-2018
O R D E R PER R. K. PANDA, AM : These are cross appeals. The first one is filed by the Revenue and the second one filed by the assessee and are directed against the order dated 19.01.2015 of CIT(A), Bilaspur relating to assessment year 2010-11. For the
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sake of convenience, these were heard together and are being disposed of by
this common order.
ITA No.87/RPR/2015 (By Revenue) : 2. The ld. counsel for the assessee, at the outset, submitted that the tax effect
involved in the grounds raised by the Revenue is below Rs.20 lakhs. Therefore,
in view of the latest CBDT Circular No.03/2018 [F.No.279/Misc.142/2007-ITJ (Pt)] dated 11th July, 2018 which is applicable even to pending appeals, the
appeal filed by the Revenue is not maintainable.
The ld. DR on the other hand fairly conceded that the tax effect involved
in the grounds raised by the Revenue is admittedly below Rs.20 lakhs.
We have heard the rival submissions made by both the sides. It is an
admitted fact that the tax effect involved in the grounds raised by the Revenue is
less than Rs.20 lakhs. Therefore, in view of the latest CBDT Circular cited
(supra) raising the monetary limits for filing of the appeals before the Tribunal
which is applicable even to pending appeals, the appeal filed by the Revenue is
dismissed.
ITA No.114/RPR/2015 (By Assessee) : 5. The ld. counsel for the assessee, at the outset, did not press the grounds
raised by the assessee on account of smallness of the amount. In absence of any
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objection from the side of the ld. DR, the grounds raised by the assessee in cross
appeal are dismissed as not pressed.
In the result, the appeal filed by the Revenue as well as the assessee are
dismissed.
Order pronounced in the open Court at the time of hearing itself i.e. on this 09th August, 2018.
Sd/- Sd/- (SUCHITRA KAMBLE) (R. K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 09-08-2018. Sujeet Copy of order to: - 1) The Appellant 2) The Respondent 3) The CIT 4) The CIT(A) 5) The DR, I.T.A.T., Raipur. By Order //True Copy// Sr. Private Secretary ITAT, Raipur