INCOME TAX OFFICER , WARD -1(3), NAGPUR vs. M/S YASHODA BUILDERS AND DEVELOPERS , NAGPUR

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ITA 265/NAG/2018Status: DisposedITAT Nagpur31 July 2023AY 2015-16Bench: SHRI R.S.SYAL (Vice President), SHRI S.S.VISWANETHRA RAVI (Judicial Member)3 pages

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Income Tax Appellate Tribunal, NAGPUR BENCH

Before: SHRI R.S.SYAL & SHRI S.S.VISWANETHRA RAVI

For Appellant: Shri K.P. Dewani
For Respondent: Smt. Rashmi Mathur
Hearing: 28.07.2023Pronounced: 31.07.2023

आदेश / ORDER

PER R.S.SYAL, VP:

This appeal by the Revenue is directed against the order dated

28-09-2018 passed by the ld. CIT(A)-1 Nagpur in relation to the

assessment year 2015-16.

2.

At the outset, the ld. DR admitted that the tax effect in this appeal

was less than Rs.50.00 lakh. The CBDT has issued circular

No.17/2019 dated 08-08-2019 revising upward the monetary limits for

filing of appeals by the Department in Income-tax Cases before various

appellate forums. The earlier circular No.03/2018 dated

11-07-2018 fixed monetary limit for filing of appeals by the Revenue

2 ITA No.265/Nag/2018 M/s.Yashoda Builders and Developers

before the Tribunal at Rs.20.00 lakh. Such limit has now been

enhanced in the recent Circular dated 08-08-2019 to Rs.50.00 lakh.

Since tax effect in the appeal under consideration is admitted to be less

than the prescribed monetary limit of Rs.50.00 lakh, we are not

inclined to entertain this appeal. This appeal of the Revenue is liable to

be and is hereby not allowed to be prosecuted. However, it is clarified

that if, later on, it is found that the tax effect is more than the monetary

limit of Rs.50.00 lakh, the Department will be at liberty to move

application for restoration of the appeal.

3.

In the result, the appeal is dismissed. Order pronounced in the Open Court on 31st July, 2023.

Sd/- Sd/- (S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT

पुणे / Pune; �दनांक / Dated : 31st July, 2023 Satish

3 ITA No.265/Nag/2018 M/s.Yashoda Builders and Developers

आदेश क� ��त�ल�प अ�े�षत / Copy of the Order forwarded to : अपीलाथ� / The Appellant. 1. !यथ� / The Respondent. 2. 3. The CIT-1, Nagpur "वभागीय �त�न%ध, आयकर अपील�य अ%धकरण, “नागपुर” ब'च, 4. / DR, ITAT, “Nagpur” Bench गाड� फ़ाइल / Guard File. 5. // True Copy // आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपील�य अ%धकरण, पुणे / ITAT, Pune

Date 1. Draft dictated on 28-07-2023 Sr.PS 2. Draft placed before author 31-07-2023 Sr.PS 3. Draft proposed & placed JM before the second member 4. Draft discussed/approved JM by Second Member. 5. Approved Draft comes to Sr.PS the Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *

INCOME TAX OFFICER , WARD -1(3), NAGPUR vs M/S YASHODA BUILDERS AND DEVELOPERS , NAGPUR | BharatTax