INCOME TAX OFFICER WARD -1, KHAMGAON vs. SHRI TARCHAND MOTILAL KOTECHA, BULDHANA

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ITA 49/NAG/2019Status: DisposedITAT Nagpur28 August 2023AY 2011-12Bench: SHRI R.S. SYAL, HON. (Vice President), SHRI PARTHA SARATHI CHAUDHURY, HON. (Judicial Member)3 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal found that the Revenue's appeal was not maintainable due to the low tax effect as per the relevant CBDT circulars. Consequently, the assessee's cross-objection was rendered infructuous.

What were the facts?

The Revenue filed an appeal before the ITAT, and the assessee filed a cross-objection. The assessee argued that the Revenue's appeal was not maintainable due to a low tax effect, citing CBDT circulars.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT based on the tax effect threshold stipulated by CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR BENCH :: NAGPUR

Before: SHRI R.S. SYAL, HON. VICE- & SHRI PARTHA SARATHI CHAUDHURY, HON.

For Appellant: Shri Vinay Kawdia, AR
For Respondent: Shri Sanjay Agrawal, DR
Hearing: 23/08/2023Pronounced: 28/08/2023

This appeal by the Revenue and the Cross Objection (CO) by the assessee emanates from the order of Commissioner of Income Tax (Appeals)-1, Nagpur, dated 14.12.2018 for A.Y.2011-12 as per the grounds of appeal on record.

C.O.No. 07/NAG/2019 Tarachand Motilal Kotecha 2. At the very outset, ld.AR of the assessee 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.

3.

Ld.DR admitted the fact that the appeal of the Revenue is not maintainable due to low tax effect.

4.

Having heard 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.

5.

As the Revenue’s appeal is dismissed on the ground of low tax effect, the CO filed by the assessee has become infructuous and is accordingly dismissed.

C.O.No. 07/NAG/2019 Tarachand Motilal Kotecha 6. In the result, appeal of the Revenue and the CO of the assessee are dismissed.

Order pronounced in open Court on 28th August, 2023.

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