INCOME TAX OFFICER WARD -3(5), NAGPUR vs. M/S THE UMRED MAHILA SHAKARI PAT PURVATA SANSTHA MARYADIT UMRED, NAGPUR

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ITA 59/NAG/2019Status: DisposedITAT Nagpur28 August 2023AY 2012-13Bench: SHRI R.S. SYAL, HON. (Vice President), SHRI PARTHA SARATHI CHAUDHURY, HON. (Judicial Member)2 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 held that the appeal filed by the Revenue was not maintainable due to low tax effect, as per CBDT Circulars. However, the Revenue was granted liberty to apply for revival if exceptions applied.

What were the facts?

The Revenue preferred an appeal before the ITAT against an order of the CIT(A). The tax effect involved in the appeal was below Rs. 50.00 lakhs.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal based on the tax effect and relevant CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR BENCH :: NAGPUR

For Respondent: Shri Sanjay Agrawal, DR
Hearing: 23/08/2023Pronounced: 28/08/2023

IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH :: NAGPUR BEFORE SHRI R.S. SYAL, HON. VICE-PRESIDENT & SHRI PARTHA SARATHI CHAUDHURY, HON. JUDICIAL MEMBER (Through virtual hearing) (A.Y. 2012-13) ITO, Ward-3(5), vs M/s. The Umred Mahila Nagpur. Sahakari Pat Purvatha Sanstha Maryadit, Umred, Nagpur. PAN : AAAJT 1537 B Appellant/Revenue Respondent/Assessee Assessee by : None Revenue by : Shri Sanjay Agrawal, DR Date of hearing : 23/08/2023 Date of pronouncement : 28/08/2023 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)-2, Nagpur, dated 17.12.2018 for A.Y.2012-13 as per the grounds of appeal on record.

2.

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. None appeared on behalf of the assessee.

3.

Having heard the ld.DR and considering the materials on record, we find that the appeal filed by the Revenue is not maintainable due to M/s. The Umred Mahila Sahakari Pat Purvatha Sanstha Maryadit 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.

In the result, appeal of the Revenue is dismissed.

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

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