ITO, CORPORATE WARD - 4 (4), CHENNAI vs. M/S. LIFESTYLE SERENITY PVT. LTD., CHENNAI

PDF · subscribers
ITA 734/CHNY/2020Status: DisposedITAT Chennai01 February 2023AY 2015-162 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that in view of CBDT Circular No. 17/2019, appeals with a tax effect of Rs. 50.00 lakhs or less should not be filed by the Revenue. This circular is applicable retrospectively.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The assessee pointed out that the tax effect was below Rs. 50.00 lakhs.

What were the issues?

Maintainability of the appeal by the Revenue before the Tribunal based on the tax effect and CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI

Before: SHRI MAHAVIR SINGHAND SHRI MANOJ KUMAR AGGARWAL

Hearing: 01.02.2023Pronounced: 01.02.2023

आदेश / O R D E R

Per Mahavir Singh, Vice President :

1.

This appeal by the Revenue is arising out of the order of Commissioner of Income Tax (Appeals)-8, Chennai, in dated 21.02.2020 for the Assessment Year 2015-16. The Assessment was framed by Income Tax Officer, Corporate Ward-4(4), Chennai u/s. 143(3) of the Income Tax Act, 1961 (hereinafter ‘the Act’) vide order dated 28.08.2017.

2.

At the outset the Ld. AR for the assessee pointed out that the tax effect in this appeal is below Rs.50.00 lakhs. The learned AR for the assessee further submitted that in view of the CBDT Circular No.17/2019, dated 08.08.2019 brought out by the Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India, the appeal was not maintainable and be dismissed. The Ld. DR also agreed to the facts stated by the Ld.AR for the assessee. In view of the CBDT Circular No. 17/2019 dated 08.08.2019 no appeal should be filed by the Revenue before the Tribunal which has tax effect of Rs. 50.00 lakhs or less and this circular is also applicable retrospectively to all pending appeals, the appeal filed by the Revenue is dismissed as not-maintainable.

3.

In the result, the appeal filed by the Revenue is dismissed.

Order pronounced in the open Court on 01st February, 2023.

Latest GST High Court judgments

Search GST case law →