DY. C.I.T. CIR-.2, NAGPUR vs. M/S AVTAR AND COMPANY, NAGPUR
What did the Tribunal hold?
The Tribunal dismissed the appeals filed by the Revenue, citing CBDT Circular No. 17/2019 which mandates that appeals with a tax effect below Rs. 50 lakhs should not be filed. The issues raised were left open for future proceedings.
What were the facts?
The Revenue filed appeals before the ITAT against the orders of the CIT(A) for Assessment Years 2008-09 and 2009-10. The tax effect in these appeals was less than Rs. 50 lakhs.
What were the issues?
Whether appeals with a tax effect below the prescribed monetary limit by CBDT Circular should be dismissed. The applicability of CBDT Circular No. 17/2019 to the present appeals.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, BENCH, NAGPUR
Before: SHRI INTURI RAMA RAO, AM & SHRI S. S. VISWANETHRA RAVI, JM
These are the appeals filed by the Revenue directed against the common orders of the ld. Commissioner of Income Tax (Appeals)-2, Nagpur (‘CIT(A)’ for short) dated 26.05.2016 for the Assessment Years 2008-09 and 2009-10. 2. It is stated before us that the tax effect in the present appeals is less than Rs.50 lakhs and therefore, the Circular No.17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes (CBDT) in exercise of its power vested under Sec.268A(1) of the IT Act comes into play wherein, the monetary limit for filing the appeal by the Revenue before the ITAT and various High Courts as well as Apex Court are revised with an object of reducing the tax litigation. Vide para 3 of the said circular (supra) it is stated that in cases where the tax effect in the 2 appeals to be filed before the Appellate Tribunal does not exceed Rs.50 lakhs appeals should not be filed. Thus, taking a note of CBDT Circular No.17/2019, dated 08.08.2019 and considering the fact that the tax effect in the instant appeals is less than Rs.50 lakhs, the present appeals deserve to be dismissed as not pressed / not maintainable. However, we make it clear that the issues raised in the instant appeals are left open to be examined in the appropriate proceedings, if arises, in future. At the same time, we also make it clear that if the appeals fall in any of the exceptions referred to in the above said CBDT Circular, the Revenue is at liberty to move an application for recalling the order if so advised. Accordingly, in the light of CBDT Circular No.17/2019 dated 08/08/2019, the appeals filed by the Revenue stand dismissed.
In the result, the appeals filed by the Revenue stand dismissed. Order pronounced in the open Court on this 09th day of November, 2021. (S. S. VISWANETHRA RAVI) (INTURI RAMA RAO) "याियक सद"य/JUDICIAL MEMBER लेखा सद"य/ACCOUNTANT MEMBER पुणे / Pune; "दनांक / Dated : 09th November, 2021. Sujeet आदेश क" "ितिलिप अ"ेिषत/Copy of the Order forwarded to : अपीलाथ" / The Appellant
""यथ" / The Respondent
CIT(A)-2, Nagpur.
The Pr. CIT-II, Nagpur. 5 िवभागीय "ितिनिध, आयकर अपीलीय अिधकरण, नागपुर / DR, ITAT, “Nagpur” Pune; गाड" फाईल / Guard file. 6. आदेशानुसार/ BY ORDER //// व"र" िनजी सिचव / Sr. Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune.
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