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Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI
Before: SHRI MANJUNATHA. G, HON’BLE & SHRI MANOMOHAN DAS, HON’BLE
आदेश / O R D E R
PER BENCH: (Shri P.Palaniswamy) & filed by the Revenue (in the case of Shri P.Palaniswamy) are directed against the order of the Commissioner of Income Tax (Appeals)-3, Coimbatore, dated 16.11.2015 and pertains to assessment year 2006-07 and CO No.48/Chny/2016 filed by the assessee (Shri P.Palaniswamy) in ITA No.350/Chny/2016 pertains to AY 2006-07.
Smt.P.Thillaikarasi) is directed against the order of the Commissioner of Income Tax (Appeals)-3, Coimbatore, dated 23.11.2015 and pertains to assessment year 2006-07 and CO No.47/Chny/2016 filed by the assessee (Smt.P.Thillaikarasi) in pertains to AY 2006-07.
Revenue appeals
It is stated before us that the tax effect in the above appeal is less than Rs.50 lakhs and therefore, the Circular No.17 of 2019 dated
ITA No.189 & 350/Chny/2016 CO No.48/Chny/2016 & CO No.47/Chny/2016 :: 3 ::
08.08.2019 issued by the Central Board of Direct Taxes (CBDT) in exercise of its power vested under section 268A(1) of the Income Tax Act, 1961 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 the reducing the tax litigation. In the said Circular, it is stated that in case where the tax effect in the appeal to be filed before the Appellate Tribunal does not exceed Rs.50 lakhs, appeal should not be filed. Thus, taking note of CBDT Circular No.17 of 2019 dated 08.08.2019 and considering the fact that the tax effect in the instant appeal is less than Rs.50 lakhs, the present appeal deserves to be dismissed as not pressed / not maintainable. However, we make it clear that the issues raised in the instant appeal is 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 appeal falls 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 of 2019 dated 08.08.2019, both the appeals filed by the Revenue (in & ITA No.348/Chny/2016) are dismissed.
Assessee’s appeal
When the appeals as well as Cross-Objections (for both assessees) were taken up for hearing, the ld.Counsel for the assessee has submitted
ITA No.189 & 350/Chny/2016 CO No.48/Chny/2016 & CO No.47/Chny/2016 :: 4 :: that the assessee has instructed him to withdraw the appeal as well as Cross-Objections of both the assessees, and therefore, prayed that assessee may be permitted to withdraw its appeal as well as Cross- Objections, and same may be dismissed as withdrawn, against which, the ld.DR has not raised any serious objection. Accordingly, the appeal as well as Cross-Objections (filed by both the assessees) are dismissed as withdrawn.
In the result, appeals filed by the Revenue in No.189/Chny/2016 as well as Cross-Objections filed by the assessee in CO No.48/Chny/2016 & CO No.47/Chny/2016 are dismissed.
Order pronounced on the 21st day of September, 2023, in Chennai.