ASSTT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(2), NAGPUR vs. SHREE SUNIL HARPALDAS MIHANI, WARDHA

During the course of hearing, the ld. AR submitted that the tax effect involved in all these appeals filed by the Revenue are less than . 50 lacs and the Cross Objections filed by the assessee are in support of the order passed by the ld.CIT(A). It was submitted that given the tax effect involved in these appeals filed by the Revenue are below the threshold prescribed by CBDT circular No. 17/2019, dated 08.08.2019. The appeal of the Revenue be dismissed and consequentially be in the Cross Objections filed by the assessee may also be allowed to be withdrawn.

Per contra, the ld. DR is heard, who has submitted that prima–facie the tax effect involved in these appeals filed by the Revenue are below the tax effect. However, the Revenue may be granted a liberty to seek a recall, where the appeals are dismissed on account of low tax effect.

After hearing both the parties and perusing the material available on record, the appeals filed by the Revenue as well as Cross Objections filed by the assessee are dismissed as withdrawn on account of low tax effect as per the aforesaid CBDT circular No.17/2019, dated 08.08.2019. The Revenue is at liberty to seek a recall, where the appeals so filed by the 5 Sunil Harpaldas Mihani Revenue fall above the prescribed threshold or falls under any of the exceptions so prescribed in the aforesaid CBDT circular No. 17/2019, dated 08.08.2019 and in the event, where the appeals of the Revenue are recalled, the assessee would be at liberty to seek a recall of its Cross Objection.

In the result, all the three appeals filed by the Revenue and Cross Objections filed by the assessee are dismissed as withdrawn.