ITO WARD-2, NAGPUR vs. M/S WARDHA URBAN AND RURAL CO-OPRATIVE SOCIETY LIMITED, NAGPUR

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ITA 74/NAG/2019Status: DisposedITAT Nagpur27 September 2022AY 2009-103 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal, in light of CBDT Circular No. 17/2019, which sets a monetary limit for filing appeals, dismissed the appeals. The issues raised were left open for future examination.

What were the facts?

A batch of appeals filed by the Revenue had a tax effect below Rs. 50 lakhs. The appeals were filed for various assessment years by different assessees.

What were the issues?

The primary issue was whether appeals with a tax effect below the prescribed monetary limit in the CBDT circular should be entertained.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR BENCH, NAGPUR – VIRTUAL COURT

Before: SHRI INTURI RAMA RAO

For Appellant: Shri Mahavir Atal (Sl. No.1, 2, 3 & 5), Shri Rajpal Singhal (Sl. No.4)
For Respondent: Shri G. J. Ninawe, Shri Mahavir Atal (Sl. No.1, 2, 3 & 5), Shri Rajpal Singhal (Sl. No.4)
Hearing: 27.09.2022Pronounced: 27.09.2022

PER INTURI RAMA RAO, AM: These bunch of appeals preferred by the different assessees for the various assessment years mentioned in the caption emanates from the orders of the Learned Commissioner of Income Tax (Appeals) as per the respective grounds of appeal on record.

2.

It is stated before me that the tax effect in these appeals is less than Rs.50 lakhs and therefore, the Circular No.17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes (CBDT) in exercise of its power vested under Sec.268A(1) of the IT Act comes into play wherein, the monetary limit for filing the appeals by the Revenue before the ITAT and various High Courts as well as Apex Court are revised with an object of reducing the tax litigation. Vide para 3 of the said circular (supra) it is stated that in cases where the tax effect in the appeals to be filed before the Appellate Tribunal does not exceed Rs.50 lakhs appeals should not be filed. Thus, taking a note of CBDT Circular No.17/2019, dated 08.08.2019 and considering the fact that the tax effect in these appeals is less than Rs.50 lakhs, these appeals deserve to be dismissed as not pressed /

3 not maintainable. However, I make it clear that the issues raised in these appeals are left open to be examined in the appropriate proceedings, if arises, in future. At the same time, I also make it clear that if these appeals fall in any of the exceptions referred to in the above said CBDT Circular, the Revenue is at liberty to move an application for recalling the order if so advised. Accordingly, in the light of CBDT Circular No.17/2019 dated 08/08/2019, these appeals filed by the Revenue stand dismissed.

3.

In the result, the all the above captioned appeals filed by the Revenue stands dismissed. Order pronounced in the open Court on this 27th day of September, 2022. (INTURI RAMA RAO) ACCOUNTANT MEMBER पुणे / Pune; "दनांक / Dated : 27th September, 2022. Sujeet आदेश क" "ितिलिप अ"ेिषत / Copy of the Order forwarded to : अपीलाथ" / The Appellant.

1.

""यथ" / The Respondent.

2.3.

The CIT(A)-2, Nagpur.

4.

The Pr. CIT-2, Nagpur. िवभागीय "ितिनिध, आयकर अपीलीय अिधकरण, नागपुर /

5.

DR, ITAT, Nagpur. गाड" फ़ाइल / Guard File. 6. आदेशानुसार / BY ORDER, //// Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.

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