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DISPOSED

Assistant Commissioner of Income-tax, Central Cirlce-2, Nashik vs Namdeo Narayan Chaudhari, Jalgaon

Case NumberITA 1432/PUN/2019
Date of Filing27 Sept 2019
Case TypeIncome Tax Appeal|ITA
Last Hearing2 Jun 2022
State--
City--
Year of Filing2019

Party Details

Petitioner
  • Assistant Commissioner of Income-tax, Central Cirlce-2, Nashik
Respondent
  • Namdeo Narayan Chaudhari, Jalgaon

Case Summary

Assistant Commissioner of Income-tax, Central Cirlce-2, Nashik vs Namdeo Narayan Chaudhari, Jalgaon (Case No. ITA 1432/PUN/2019) is listed in the Income Tax, filed on 27 Sept 2019. The case has undergone 2 hearings. The case was disposed of on 2 Jun 2022. 2 orders have been issued in this matter.

Hearing History (2)

  • 2JUN 2022
    Hearing

    Judge: N/A

  • Hearing

    Judge: N/A

Orders (2)

  • 2JUN 2022
    order

    Order No: N/A

  • 2JUN 2022
    judgement

    Order No: N/A

    View Order ↗

Judgement DetailsView full order PDF ↗

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S.

S.

VISWANETHRA RAVI, JUDICIAL MEMBER Sl.

No.

ITA No.

Name of Appellant Name of Respondent Asst.

Year 1-5 1427/PUN/2019 1428/PUN/2019 1429/PUN/2019 1430/PUN/2019 1431/PUN/2019 ACIT, Central Circle- 2, Nashik.

Smt.

Asha Bhagwat Chaudhary, 2nd Floor, Sai Shoban Building, Near Kendriya Rajaswa Bhavan, Gadkari Chowk, Old Agra Road, Nashik- 422002.

PAN : ADTPC8701E 2006-07 2008-09 2009-10 2010-11 2011-12 6-11 1432/PUN/2019 1433/PUN/2019 1434/PUN/2019 1435/PUN/2019 1436/PUN/2019 1437/PUN/2019 ACIT, Central Circle- 2, Nashik.

Namdeo Narayan Chaudhari, 11, Swed Bindu, Shanti Nagar, Yawal Road, Bhusawal, Jalgaon- 425201.

PAN : AAQPC1997C 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 आदेश / ORDER PER BENCH : These are the appeals filed by the Revenue directed against the common orders of ld.

Commissioner of Income Tax (Appeals)- 12, Revenue by : Shri Arvind Desai Assessee by : Shri Nikhil S.

Pathak Date of hearing : 02.06.2022 Date of pronouncement : 02.06.2022 ITA Nos.1432 to 1437/PUN/2019 2 Pune dated 29.07.2019 for the assessment years 2006-07 to 2011-12 respectively.

2.

It is stated before us that the tax effect in these 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 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. ted 08.08.2019 and considering the fact that the tax effect in these appeals is less than Rs.50 lakhs, these appeals deserve to be dismissed as not pressed / not maintainable.

However, we make it clear that the issues raised in these 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 these 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 ITA Nos.1432 to 1437/PUN/2019 3 light of CBDT Circular No.17/2019 dated 08/08/2019, these appeals filed by the Revenue stand dismissed.

3.

In the result, the above eleven appeals filed by the Revenue stands dismissed.

Order pronounced in the open Court on this 02nd day of June, 2022.

Sd/- Sd/- (S.

VISWANETHRA RAVI) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 02nd June, 2022.

Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant.

2. ᮧ᭜यथᱮ / The Respondent.

The CIT(A)-12, Pune.

4.

The Pr.CIT, Central, Nagpur.

5. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, “A” बᱶच, पुणे / DR, ITAT, “A” Bench, Pune.

6. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.