THE ACIT, KOCHI vs. M/S.TRINITY ARCADE P.LTD, COCHIN

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ITA 574/COCH/2019Status: FixedITAT Cochin03 March 2020AY 2010-113 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal filed by the Revenue was not maintainable due to the tax effect being below the prescribed monetary limit in the CBDT circular. The issues raised were left open for future proceedings.

What were the facts?

The Revenue filed an appeal before the ITAT. The tax effect in the appeal was less than Rs. 50 lakh. The ITAT noted the CBDT Circular No. 17/2019 which sets a monetary limit for filing appeals.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect and the CBDT circular on monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: Shri Chandra Poojari, AM & Shri George George K, JM

Hearing: 03.03.2020Pronounced: 03.03.2020

This appeal at the instance of the Revenue is directed against the order of the Commissioner of Income-tax (Appeals)’s dated 10.07.2019. The relevant assessment year is 2010-2011.

2.

At the very outset, it is observed that the tax effect in the appeal filed by the Revenue is less than Rs.50 lakh, and therefore, the Circular No. 17/2019 dated 8th August, 2019, issued by the Central Board of Direct Taxes (CBDT) in exercise of its power vested under Sec. 268A of the I.T. Act comes into play, wherein, the monetary limit for filing the appeal(s) by the Revenue before the ITAT and various High Courts as well as Apex Court are revised with an object of reducing the tax

2 M/s.Trinity Arcade Private Limited. litigation. Vide para 2 of the said circular (supra), it is stated that in cases where the tax effect in the appeal to be filed before the Appellate Tribunal does not exceed Rs. 50 lakh, appeal should not be filed. Thus, taking a note of CBDT Circular No. 17/2019 dated 8th August, 2019 and considering the fact that the tax effect in the instant appeal is less than Rs.50 lakh, the present appeal deserves to be dismissed, as not maintainable. However, we make it clear that the issue(s) 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.

3.

Accordingly in the light of CBDT Circular No.17/2019 dated 08th August, 2019, the appeal stands dismissed.

4.

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

Order pronounced on this 03rd day of March, 2020.

Sd/- Sd/- (Chandra Poojari) (George George K) ACCOUNTANT MEMBER JUDICIAL MEMBER Cochin ; Dated : 03rd March, 2020. Devadas G*

3 M/s.Trinity Arcade Private Limited.

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