INCOME TAX OFFICER, WARD-1, SRIKAKULAM vs. PRIMARY AGRICULTURAL CO OPERATIVE CREDIT SOCIETY, HARIPURAM

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ITA 209/VIZ/2022Status: DisposedITAT Visakhapatnam06 January 2023AY 2018-19Bench: SHRI DUVVURU RL REDDY, HON’BLE (Judicial Member)3 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal filed by the revenue was not maintainable due to the low tax effect, as per the CBDT circular. The appeal was dismissed with liberty to the revenue to file a Miscellaneous Application if the tax effect exceeded the prescribed limit or if the case fell under exceptions.

What were the facts?

The revenue filed an appeal before the ITAT against an order of the CIT(Appeals). The assessee's counsel submitted that the tax effect was below Rs. 50 lakhs, making the appeal not maintainable as per CBDT Circular No. 17/2019.

What were the issues?

The primary issue was the maintainability of the revenue's appeal before the ITAT based on the monetary limit prescribed by CBDT circulars for filing appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM ‘SMC’ BENCH, VISAKHAPATNAM

Before: SHRI DUVVURU RL REDDY, HON’BLE

For Appellant: Shri G.V.N.Hari, AR
Hearing: 04.01.2023Pronounced: 06.01.2023

आदेश /O R D E R

Per Shri Duvvuru RL Reddy, Judicial Member :

1.

This appeal is filed by the revenue against the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi in DIN & Order No.ITBA/NFAC/S/250/2022- 23/1045776054(1) dated 21.09.2022 for the Assessment Year (A.Y.) 2018-19.

2.

When this appeal is taken up for hearing, the Ld. Counsel for the assessee has submitted that the tax effect involved in this appeal is below

Primary Agricultural Co-operative Credit Society,Haripuram Rs.50 lakhs. As per the latest circular No.17/2019, dated 08.08.2019 of CBDT, which is in supersession of its Circular No.3/2018 dated 11.07.2018, in relation to filing of appeals before the Income Tax Appellate Tribunal, the appeals filed by the revenue are not maintainable. The Ld. D.R. has not raised any objection. In view of the above, the appeal filed by the revenue is not maintainable. Hence, the same is dismissed with a liberty to the revenue to file Miscellaneous Application to recall the order in case the tax effect involved is more than the limit prescribed as per the circular or the case is covered by any of the exceptions in the circular.

3.

In the result, the appeal of the revenue is dismissed.

Order pronounced in the open court on 6th January, 2023.

Sd/- (दुव्वूरु आर.एल रेड्डी) (DUVVURU RL REDDY) न्याधयक सदस्य/JUDICIAL MEMBER Dated : 06. 01.2023 L.Rama, SPS

Primary Agricultural Co-operative Credit Society,Haripuram

आदेश की प्रतितिति अग्रेतिि/Copy of the order forwarded to:- 1. रधजस्व/The Revenue –Income Tax Officer, Ward-1, Srikakulam 2. ननधधाऩरती/ The Assessee– Primary Agricultural Co-operative Credit Soceity, 1-116, Haripuram, Mandasa, Srikakulam 3. The Principal Commissioner of Income Tax (Central), Visakhapatnam 4. आयकर आयुक्त (अपील)/ The Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi 5. नवभधगीय प्रनतनननध, आयकर अपीलीय अनधकरण, नवशधखधपटणम DR,ITAT, / Visakhapatnam 6.गधर्ा फ़धईल / Guard file आदेशधनुसधर / BY ORDER

Sr. Private Secretary ITAT, Visakhapatnam

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