DY.CIT, CIRCLE -3, NAGPUR vs. M/S. BABASAHEB KEDAR SHETKARI SAHAKARI SOOT GIRNI LTD., NAGPUR

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ITA 85/NAG/2019Status: DisposedITAT Nagpur28 August 2023AY 2007-2008Bench: 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 acknowledged that the appeal was not maintainable due to low tax effect as per the relevant CBDT circulars. However, it granted the Revenue liberty to apply for revival if the case falls under any exceptions in the future.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The assessee's representative pointed out that the tax effect was below Rs. 50 lakhs, making the appeal not maintainable as per CBDT circulars.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT due to a low tax effect, as per CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR BENCH :: NAGPUR

For Appellant: Shri Kapil Hirani, AR
For Respondent: Shri Rishi Kumar Bisen, 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. 2007-08) DCIT, Circle-3, vs M/s. Baba Saheb Kedar Nagpur. Shetkari Sahakari Soot Girni Ltd., Hingana, Wanadongari, Nagpur. PAN : AAAAN 0318 F Appellant/Revenue Respondent/Assessee Assessee by : Shri Kapil Hirani, AR Revenue by : Shri Rishi Kumar Bisen, 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 18.01.2019 for A.Y.2007-08 as per the grounds of appeal on record.

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. M/s. Baba Saheb Kedar Shetkari Sahakari Soot Girni Ltd.

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.

In the result, appeal of the Revenue is dismissed.

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

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