ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR vs. INDIAN NETWORK FOR DEVELOPMENT EXCHANGE PRIVATE LIMITED, JAIPUR

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ITA 547/JPR/2023Status: DisposedITAT Jaipur28 November 2023AY 2012-13Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)3 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the tax effect in the appeal was below the monetary limit prescribed by CBDT Circular No. 17 of 2019 for filing appeals before the ITAT. Therefore, the appeal was not maintainable.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting a disallowance of Rs. 5,35,947/-. The appeal was filed for the assessment year 2012-13.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the ITAT given the low tax effect, as per CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 40(a)(ia)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JAIPUR BENCHES,”A” JAIPUR

Before: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 547/JPR/2023

Hearing: 11/10/2023Pronounced: 28/11/2023

आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”A” JAIPUR Mk0 ,l- lhrky{eh]U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ fu/kZkj.ko"kZ@Assessment Years : 2012-13 Assistant Commissioner of Income, cuke Indian Network for Development Vs. Jaipur. Exchange Private Limited. L-54, Income Tax Colony, Tonk Road, jaipur. LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AABCI 8923 J vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksjls@Assessee by : Shri Manish Agrawal (C.A.) jktLo dh vksjls@Revenue by: Shri A.S. Nehra (Addl. CIT) lquokbZ dh rkjh[k@Date of Hearing :11/10/2023 mn?kks"k.kk dh rkjh[k@Date of Pronouncement: 28/11/2023 vkns'k@ORDER PER: DR. S. SEETHALAKSHMI, J.M. This appeal is filed by the Revenue is directed against the order of the Ld. CIT(A) dated 28.06.2023, National Faceless Appeal Centre, Delhi[herein after referred to as (NFAC)] for the assessment year 2012-13. 2. The Revenue has raised the following grounds of appeal:-

1. Whether on the facts and in the circumstances of the case and in law the Ld. CIT(A) is justified in deleting the disallowance of Rs. 5,35,947/- u/s 40(a)(ia) I.T. Act.”

ACIT VS. Indian Network for Development Exchange Pvt. Ltd.

3.

Bare perusal of the grounds raised by the Revenue in the present appeal, order passed by the ld. Lower Revenue Authorities apparently shows that tax effect in this case are low and as per CBDT Circular No.17 of 2019 monetary limit for filing appeals before the Income Tax Appellate Tribunal is Rs. 50,00,000/-. Relevant Para 13 of Circular (Supra) reads as under:- “This circular will apply to SLPs/appeals/cross objection/reference to be filed henceforth in SC/HCS/Tribunal and it also apply the retrospectively to pending SLPs/appeals/cross objection/reference. Pending appeals below the specified tax limits in para 3 above may be withdrawn not pressed.”

In view of the matter since tax effect involved in the present appeal are below the monetary limit of Rs. 50,00,000/-, the same is not maintainable, hence the same is dismissed having been become infructuous. However, in case this appeal falls within any of the exceptions the Revenue may seek recall of the order in order to restore the present appeal. In the result, the appeal of the Revenue is dismissed.

Order pronounced in the open court on 28/11/2023.

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