What did the Tribunal hold?

The Tribunal noted that the tax effect involved in the appeals was below the threshold stipulated by the CBDT circular. Consequently, the appeals were dismissed as withdrawn.

The Revenue filed appeals against the orders of the CIT(A) for AYs 2013-14 and 2014-15. The assessee's representative argued that the tax effect in these appeals was below the threshold prescribed by CBDT circular No. 17/2019.

What were the issues?

The primary issue was whether the appeals filed by the Revenue should be dismissed due to low tax effect as per CBDT guidelines.

ITO vs M/S Vidharbha Premier Cooprative… | ITAT Nagpur 2022

Income Tax Appellate Tribunal, NAGPUR BENCH, NAGPUR

Before: SHRI VIKRAM SINGH YADAV & SHRI YOGESH KUMAR U.S

For Appellant: Shri A.S.Dani, CA

For Respondent: Shri Vitthal M. Bhosale, Jt.CIT

Date of Hearing – 09.06.2022 Date of Order – 09 .06.2022

O R D E R PER SHRI VIKRAM SINGH YADAV, A.M.

These are two appeals filed by the Revenue directed against the respective orders of the Learned Commissioner of Income Tax(Appeals)- 1, Nagpur, dated 07.12.2017 for Assessment Years 2013–14 & 2014–15 respectively.

2 Vidharbha Premier co–operative Housing society Ltd.

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 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 The appeal of the Revenue be dismissed as withdrawn.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both the parties and perusing the material available on record, the appeals filed by the Revenue are dismissed as withdrawn on account of low tax effect as per the aforesaid CBDT circular No.17/2019, dated 08.08.2019.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 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in the aforesaid CBDT circular No. 17/2019, dated 08.08.2019, the appeals filed by the Revenue are dismissed as withdrawn.

3 Vidharbha Premier co–operative Housing society Ltd.

In the result, all the two appeals filed by the Revenue are dismissed as withdrawn.

Order pronounced in the open Court on 09 .06.2022

Sd/– Sd/– YOGESH KUMAR U.S VIKRAM SINGH YADAV JUDICIAL MEMBER ACCOUNTANT MEMBER

INCOME TAX OFFICER WARD -4(4), NAGPUR vs. M/S VIDHARBHA PREMIER COOPRATIVE HOUSING SOCIETY LIMITED, NAGPUR

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