INCOME TAX OFFICER WARD, MOGA vs. SHRIMATI NEELAM RANI, NIHAL SINGH WALA

The appeal has been filed by the Revenue against the order of the Ld. Commissioner of Income Tax (Appeals)-1, Ludhiana dated 30.12.2019 in respect of AY 2017-18.

ITO v. Neelam Rani 2. At the outset, the Ld. Counsel for the assesse submitted that the case is covered within the threshold limit prescribed for filing an appeal by the department before the Hon’ble Income Tax Appellate Tribunal vide CBDT Circular 17/2019 dated 08/08/2019. He has filed tax computation chart as under:

The Ld. Assessing Officer has computed the tax payable as under:

Particular Amount (Rs.) Tax payable on total income 73,85,849/- Surcharge 18,00,006/- Education Cess 2,75,576/- Total Tax Liability (I) 94,61,431/-

Further, attention is invited to the intimation u/s 143(1) vide which the returned income of the appellant was accepted, vide which CPC Bengaluru had computed the tax payable enclosed at pages 7-16, as under:

Particular Amount (Rs.) Tax at normal rates 37,85,837/- Surcharge 5,67,876/- Education Cess 1,30,611/- Total Tax Liability (II) 44,84,324/-

Resultantly, based on the above two tables, Your Honors will appreciate that the overall tax effect of the order of the Ld. Assessing Officer is only Rs. 49,77,107/- (I-II), which is less than the prescribed threshold of Rs. 50,00,000/- as prescribed.

Hence, it is prayed that since the tax effect in the said matter is below the prescribed threshold, the appeal of the department may kindly be dismissed.”

ITO v. Neelam Rani 3. The Ld. DR has not controverted the computation chart filed by the Ld AR and he has no objection to the request of the assesse that since the tax effect in the said matter is below the prescribed threshold, the appeal of the department may be dismissed.

Order pronounced in the open court on 20.12.2022