What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable as it did not fall under the exceptions provided in the CBDT Circular. Therefore, the appeal was dismissed as withdrawn.

The Revenue filed an appeal against the order of the CIT(A) for assessment year 2005-06. The tax effect involved in the appeal was below the monetary limit prescribed by a CBDT Circular.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable given the tax effect was below the CBDT's monetary limit for appeals.

Inocme Tax Officer Ward -2… vs The Bhandrara Urban Co-Operative… | ITAT Nagpur 2022

Income Tax Appellate Tribunal, “SMC” BENCH, NAGPUR

Before: SHRI S.S. VISWANETHRA RAVI

For Appellant: Shri Sanket Bhattad

For Respondent: Shri G.J. Ninawe

आदेश / ORDER

PER S.S. VISWANETHRA RAVI, JM :

This appeal by the Revenue against the order dated 28-02-2019 passed by the Commissioner of Income Tax (Appeals)-2, Nagpur [‘CIT(A)’] for assessment year 2005-06.

Admittedly, the tax effect involved in the appeal is below monetary limit fixed by the CBDT Circular vide its latest Circular No. 17/2019, dated 08-08-2019 and are not falling under the exceptions provided under the above said circular. Thus, grounds raised by the Revenue in the appeal fails and the appeal is not maintainable. Therefore, the appeal of Revenue is dismissed as withdrawn in terms of CBDT Circular mentioned here-in- above, with a liberty to file appropriate application for restoration of appeal to the file.

In the result, the appeal of Revenue is dismissed.

Order pronounced in the open court on 21st October, 2022.

INOCME TAX OFFICER WARD -2, BHANDARA vs. THE BHANDRARA URBAN CO-OPERATIVE BANK LIMITED, BHANDARA

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