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Income Tax Appellate Tribunal, PANAJI BENCH :: PANAJI
(A.Y. 2011-12) DCIT, Central Circle, vs Nagappa D. Waddar, Ballari. Friends Colony, Gulbarga Road, Lingusugur, Raichur. PAN : ABEPN 0127 G Appellant Respondent Assessee by : Smt. Sunaina, AR Revenue by : Smt. Ashwini Hosmani, SR.DR Date of hearing : 07/09/2023 Date of pronouncement : 20/09/2023 O R D E R
Per PARTHA SARATHI CHAUDHURY, JM:
This appeal preferred by the Revenue emanates from the order of Commissioner of Income Tax (Appeals), Gulbarga [for short, ‘CIT(A)’], dated 01.02.2017 for A.Y.2011-12 as per the grounds of appeal on record.
At the very outset, ld.DR of the Revenue has submitted that tax effect involved in the Revenue’s appeal is below Rs.50.00 lakhs and as per the CBDT Circular No.17/2019 dated 08/08/2019 read with CBDT Circular No.3/2018 dated 11/07/2018, the appeal filed by the Revenue is not maintainable.
Ld.AR also admitted that the Revenue’s appeal is not Nagappa D Waddar maintainable due to low tax effect.
Having heard both the parties and considering the materials on record, we find that the appeal filed by the Revenue is not maintainable due to low tax effect as per CBDT Circular No.17/2019, dated 08/08/2019 read with CBDT Circular No.3/2018, dated 11/07/2018. However, we further hold that if in the near future, it is found that this case of the Revenue falls within one of the exceptions mentioned in the said circular, then Revenue shall be at liberty to apply for revival of this appeal. With these observations, the appeal of the Revenue is dismissed on low tax effect.
In the result, appeal of the Revenue is dismissed. Order pronounced in open Court on 20th September, 2023.