ASST.COMMISSIONER OF INCOME TAX, INCOME TAX DEPARTMENT vs. MAHATMA FULE GRAMIN BIGAR SHETI SAHAKARI PATSANSTHA, MOWAD
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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.361/Nag./2023 (Assessment Year : 2017–18) Asstt. Commissioner of Income Tax ……………. Appellant Circle–3, Nagpur v/s Mahatma Fule Gramin Bigar Sheti Sahakari Patsanstha ……………. Respondent Mowad, Narkhed, Dist. Nagpur 441 303 PAN – AABAM7835K Assessee by : Shri Abhishek Kumar Revenue by : Shri Abhay Y. Marathe Date of Hearing – 24/09/2024 Date of Order – 24/09/2024
O R D E R PER K.M. ROY, A.M.
The Revenue has filed this appeal challenging the impugned order dated 21/09/2023, passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, [“learned CIT(A)”], for the assessment year 2017–18.
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 agreed that the tax effect on the amount disputed by the Revenue is below the monetary limit of ` 60 lakh for both the years under consideration.
Mahatma Fule Gramin Bigar Sheti Sahakari Patsanstha ITA no.361/Nag./2023
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 appeal is 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, Revenue’s appeals deserve to be dismissed. However, the Revenue is given liberty to seek recall of this consolidated order if, at a later point of time, it is found that the appeal fall under any of the exceptions provided in the CBDT Circular referred to above.
In the result, appeal filed by the Revenue is dismissed. Order pronounced in the open Court on 24/09/2024
Sd/- Sd/- K.M. ROY V. DURGA RAO JUDICIAL MEMBER ACCOUNTANT MEMBER
NAGPUR, DATED: 24/09/2024 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
