THE ITO, TDS-2, RAJKOT, RAJKOT vs. SMT. PUNITABEN D. DHAMI, RAJKOT

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ITA 229/RJT/2022Status: DisposedITAT Rajkot18 April 2023AY 2015-16Bench: SMT.ANNAPURNA GUPTA (Accountant Member), Ms. MADHUMITA ROY (Judicial Member)3 pages

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Income Tax Appellate Tribunal, “RAJKOT” BENCH, RAJKOT

Before: SMT.ANNAPURNA GUPTA&

ITA No.229/Rjt/2022 a/w. CO No. 09/Rjt/2022 (Smt. Punitaben D. Dhani) A. Y. 2015-16 - 2- PER Ms. MADHUMITA ROY - JM: The captioned appeal and cross objection have been filed at the instance of the Revenue and assessee against the order of the National Faceless Appeal Centre (NFAC)’ in short), dated 07.07.2022 arising in the assessment order dated 23.02.2011 passed by the ITO(TDS)-2, Rajkot under s. 201(1)/201(1A) of the Income Tax Act, 1961 (the Act) concerning AY 2015-16. 2. The grievances, in Revenue’s appeal and assessee’s Cross Objection, raised being common, both the cases were heard together and disposed of by the common order. 3. At the time of hearing, it was submitted by the Ld.AR for the assessee that the appeal filed by the Revenue is hit by recently issued CBDT Circular No.17 of 2019 dated 08/08/2019 revising the previous thresholds pertaining to tax effects. It is inter alia noticed that the CBDT vide Instruction No. F. No. 279/Misc/M-93/2018-ITJ dt. 20/08/2019 has observed that Circular No.17/2019 dated 08/08/2019 relating to enhancement of monetary limits is also applicable to all pending appeals. As per aforesaid Circular read with instruction, all pending appeals filed by Revenue are liable to be dismissed as a measure for reducing litigation where the tax effect does not exceed the prescribed monetary limit which is now revised at Rs.50 Lakhs. In the instant case, the tax effect on the disputed issues raised by the Revenue is stated to be not exceeding Rs.50 lakhs and therefore appeal of the Revenue is required to be dismissed in limine.

ITA No.229/Rjt/2022 a/w. CO No. 09/Rjt/2022 (Smt. Punitaben D. Dhani) A. Y. 2015-16 - 3- 4. The Learned DR for the Revenue fairly admitted the applicability of the CBDT Circular No. 17 of 2019. Accordingly, appeal of the Revenue is dismissed as not maintainable. However, it will be open to the Revenue to seek restoration of its appeal on showing inapplicability of the aforesaid CBDT Circular in any manner.

5.

In the result, the appeal of the Revenue is dismissed.

6.

The Ld.AR for the assessee at the time of hearing stated that assessee does not want to press the cross objection. The Cross Objection is accordingly dismissed as not pressed.

7.

In the combined result, the appeal of the Revenue is dismissed, whereas assessee’s Cross Objection is dismissed as not pressed.

This Order pronounced on 18/04/2023 Sd/- Sd/- (ANNAPURNA GUPTA) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 18/04/2023 S. K. SINHA True Copy आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent. 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त(अपील) / The CIT(A)- 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाईल / Guard file. By order/आदेश से,

Deputy/Asstt. Registrar ITAT, Rajkot