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Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR
Before: DR. M. L. MEENA & SH. ANIKESH BANERJEE
and the Revenue against the order of the Ld. Commissioner of Income Tax (Appeals), Bathinda dated 29.05.2019 and 30.05.2019 in respect of Assessment Years: 2013-14 & 2016-17.
At the outset, the Ld. Counsel for the appellants, submitted that the subject revenue appeals called into question the correctness of the relief granted by the CIT(A) where the tax effect involved in these appeals do not the appellants cross appeals are revenue neutral were proposed to be withdrawn.
The relevant clauses of the synopsis dated 24th April, 2023 filed by 2.1 the appellant are reproduced hereunder:
“7. M/s Gurdas Agro Private Limited
A.Y. 2013-14 (A) for A.Y. 2013-14 (D)
We are filing a separate letter that the appeal of the department is not maintainable since the tax effect is to the tune of Rs. 34,65,388/- and, as such, the department appeal should be dismissed.
In so far as, the assessee’s appeal , since it is revenue neutral, the assessee also does not wish to pursue the matter.
M/s Gurdas Agro Private Limited
ITA No. 517/Asr/2019 for A.Y. 2016-17 (A) for A.Y. 2016-17 (D)
The appeal of the department is covered by way of identical issue in the case of G.S. Crop Science Pvt. Ltd. and Apex Fibers India Ltd., of Hon’ble Amritsar Bench and, as such, the same be dismissed. The assessee’s appeal bearing is Revenue neutral and same is being withdrawn.
Sh. Kunal Garg
ITA No. 497/Asr/2019 for A.Y. 2013-14(A) for A.Y. 2013-14(D)
5 & 509/Asr/2019 & Ors. Gurdas Agro Pvt. Ltd. v. Dy.CIT & Ors. We are filing a separate letter that the appeal of the department is not maintainable since there is low tax effect and, as such, the department appeal should be dismissed.
In so far as, the assessee’s appeal since it is revenue neutral, the assessee also does not wish to pursue the matter.
Sh. Kunal Garg
ITA No. 504/Asr/2019 for A.Y. 2016-17(D) for A.Y. 2016-17(A)
We are filing a separate letter that the appeal of the department is not maintainable since there is low tax effect and, as such, the department appeal should be dismissed.
In so far as, the assessee’s appeal since it is revenue neutral, the assessee also does not wish to pursue the matter.
Smt. Anu Ankit Jain
ITA No. 512/Asr/2019 for A.Y. 2016-17(A) for A.Y. 2016-17 (D) not listed today.
We have filed the appeal in the above said case and the same is withdrawn. The appeal of the department is not maintainable due to Low Tax effect.
M/s G.K. Continental Trades Pvt. Ltd.
ITA No.514/Asr/2019 for A.Y. 2016-17 (A)
We have filed appeal in the above said case since it is a revenue neutral, the assessee wishes to withdraw the appeal. There is no appeal of the department.
Smt. Rimmy Garg
ITA No. 515/Asr/2019 for A.Y. 2016-17 (A)
We hope, your goodself shall find the above said submission in order and oblige.”
2.2 The Ld DR has no objection to the contentions raised by the Ld. AR and agreed that revenue appeals are covered by the aforesaid CBDT circular on tax effect being less than 50 lac in individual assesse.
The CBDT vide Circular No.17 of 2019, dated 8th August 2019 has announced its policy decision by further enhancement of Monitory limits for not filing or pressing of appeal by the income tax department, before this Tribunal, against the appellate orders favourable to the assessee in the cases in which overall tax effect, including surcharge but excluding interest, is Rs. 50,00,000 or less. Accordingly, all the above revenue appeals are liable to be dismissed on Tax effect. However, we make it clear that the appellants shall be at liberty to point out the cases which are wrongly disposed of summarily, either owing to wrong computation of tax effect or owing to such cases being covered by the permissible exceptions, or for any other reason, in order to take appropriate remedial steps in this regard.
The appellants cross appeals are being revenue neutral as were proposed to be withdrawn and hence, dismissed as withdrawn. department are dismissed.
Order pronounced in the open court on 27.04.2023