ACIT, ERODE vs. P.PALANISWAMY, ERODE

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ITA 350/CHNY/2016Status: DisposedITAT Chennai21 September 2023AY 2006-074 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeals as not maintainable due to the low tax effect, following CBDT Circular No. 17 of 2019. The assessee's appeals and cross-objections were dismissed as withdrawn.

What were the facts?

The Revenue filed appeals before the ITAT concerning assessment year 2006-07. The tax effect in these appeals was below the threshold stipulated by CBDT Circular No. 17 of 2019.

What were the issues?

Whether appeals filed by the Revenue with a tax effect below the prescribed monetary limit are maintainable before the ITAT. Whether the assessee can withdraw their appeals and cross-objections.

Which sections of the Income-tax Act were involved?

Section 268A(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI

Before: SHRI MANJUNATHA. G, HON’BLE & SHRI MANOMOHAN DAS, HON’BLE

For Appellant: Adv. (Erode)
Hearing: 21.09.2023Pronounced: 21.09.2023

Heard together (5 matters)

ITA No.189/Chny/2016
ITA Nos.350/Chny/2016
CO No.48/Chny/2016
ITA Nos.348/Chny/2016
CO No.47/Chny/2016

Read from the judgment's own cause title. This page is filed under one of them.

आदेश / O R D E R

PER BENCH: filed by the assessee (Shri P.Palaniswamy) & 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 pertains to AY 2006-07.

1.

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

3.

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

4.

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.

5.

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.

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