DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), NAGPUR, NAGPUR vs. HARMONY HOMES, NAGPUR
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Income Tax Appellate Tribunal, NAGPUR BENCH, NAGPUR
Before: SHRI V. DURGA RAO & SHRI K.M. ROY, ACCOUNTANT, MEMBER
IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR
BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER
ITA no.119/Nag./2023 (Assessment Year : 2015–16) Dy. Commissioner of Income Tax ……………. Appellant Central Circle–2(1), Nagpur v/s Manojkumar Parmanand Singhania Prop: Agrasen Financial Services ……………. Respondent Bajoria Market, Main Road, Nehru Chowk Yavatmal 445 001 PAN – AFHPS2846C Assessee by : Smt. Veena Agrawal Revenue by : Shri Vijay Agrawal
ITA no.223/Nag./2023 (Assessment Year : 2018–19) Income Tax Officer ……………. Appellant Ward–1(2), Nagpur v/s Indus Papers E–32–A, Hingna Road ……………. Respondent MIDC, Nagpur 440 016 PAN – AAAFI3073M Assessee by : Shri Mahavir Atal a/w Shri Anand Daga Revenue by : Shri Abhay Y. Marathe ITA no.330/Nag./2023 (Assessment Year : 2017–18) Dy. Commissioner of Income Tax ……………. Appellant Central Circle–2(1), Nagpur v/s Harmony Homes 731, Khare Tower, Near Annapurna Kirana ……………. Respondent Dharampeth, Nagpur 440 010 PAN – AAEFH1397K Assessee by : Shri Mahavir Atal Revenue by : Shri Abhay Y. Marathe
ITA no.331/Nag./2023 (Assessment Year : 2018–19) Dy. Commissioner of Income Tax ……………. Appellant Central Circle–2(1), Nagpur v/s Harmony Homes 731, Khare Tower, Near Annapurna Kirana ……………. Respondent Dharampeth, Nagpur 440 010 PAN – AAEFH1397K Assessee by : Shri Mahavir Atal Revenue by : Shri Abhay Y. Marathe
ITA no.332/Nag./2023 (Assessment Year : 2019–20) Dy. Commissioner of Income Tax ……………. Appellant Central Circle–2(1), Nagpur v/s Harmony Homes 731, Khare Tower, Near Annapurna Kirana ……………. Respondent Dharampeth, Nagpur 440 010 PAN – AAEFH1397K Assessee by : Shri Mahavir Atal Revenue by : Shri Abhay Y. Marathe
ITA no.333/Nag./2023 (Assessment Year : 2019–20) Dy. Commissioner of Income Tax ……………. Appellant Central Circle–2(1), Nagpur v/s Harmony AAC Products Pvt. Ltd. House no.731, F.No.101, Security Apartment ……………. Respondent Khare Town, Dharampeth, Nagpur 440 010 PAN – AACCH9011R Assessee by : Shri Mahavir Atal Revenue by : Shri Abhay Y. Marathe
ITA no.334/Nag./2023 (Assessment Year : 2019–20) Dy. Commissioner of Income Tax ……………. Appellant Central Circle–2(1), Nagpur v/s Harmony Ventures Plot no.43, Flat no.701, 7th Floor ……………. Respondent Tranquility, Near Traffic Park Dharampeth, Nagpur 440 010 PAN – AAGFH9672P Assessee by : Shri Mahavir Atal Revenue by : Shri Abhay Y. Marathe Date of Hearing – 06/11/2024 Date of Order – 18/11/2024
O R D E R PER K.M. ROY, A.M.
The captioned appeals have been filed by the Revenue against six different assessees. The details of impugned orders under challenge before us are as follows:–
Name of Date of Impugned order A.Y. Assessee impugned order passed by Manojkumar Parmanand 2015–16 14/03/2023 CIT(A)–3, Nagpur Singhania National Faceless Indus Papers 2018–19 18/05/2023 Appeal Centre, Delhi, Harmony Homes 2017–18 07/08/2023 CIT(A)–3, Nagpur Harmony Homes 2018–19 07/08/2023 CIT(A)–3, Nagpur Harmony Homes 2019–20 07/08/2023 CIT(A)–3, Nagpur Harmony AAC Products Pvt. 2019–20 07/08/2023 CIT(A)–3, Nagpur Ltd. Harmony 2019–20 07/08/2023 CIT(A)–3, Nagpur Ventures
At the outset, the leaned Authorised Representative appearing for the assessee submitted that the tax effect on the amount disputed by the Revenue is below the revised monetary limit of ` 60 lakh applicable to appeals before the Tribunal, as per CBDT Circular no.09 of 2024, dated 17/09/2024. Thus, the learned A.R. submitted that the Revenue’s appeals being covered under the aforesaid Circular is not maintainable.
The learned Departmental Representative submitted that since the tax effect on the amounts disputed by the Revenue is below the revised monetary limit of ` 60 lakh, as stated above, hence, the learned D.R. wish to withdraw all these appeals.
Having heard the arguments of rival parties, perused the material available on record and gone through the orders of the authorities below, we are of the view that the tax effect on the amount disputed by the Revenue in the present appeals are admittedly below the revised monetary limit of ` 60 lakh as per CBDT Circular cited supra. It also stands clarified by the CBDT that the revised monetary limit of ` 60 lakh, as per the aforesaid CBDT Circulars, would also apply to all pending appeals. In view of the aforesaid, the Revenue is hereby permitted to withdraw the appeals.
In the result, appeals filed by the Revenue are dismissed as withdrawn. Order pronounced in the open Court on 18/11/2024
Sd/- Sd/- V. DURGA RAO K.M. ROY JUDICIAL MEMBER ACCOUNTANT MEMBER NAGPUR, DATED: 18/11/2024
Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The PCIT / CIT (Judicial); (4) The DR, ITAT, Nagpur; and (5) Guard file. True Copy By Order Pradeep J. Chowdhury Sr. Private Secretary Sr. Private Secretary ITAT, Nagpur
