THE ACIT, COR-CIR, KOCHI vs. M/S.ELITE FOODS P. LTD, KOCHI

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ITA 500/COCH/2019Status: DisposedITAT Cochin26 September 2019AY 2013-143 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal observed that the tax effect was less than Rs. 50 lakhs, which is the monetary limit for filing appeals before the ITAT as per CBDT Circular No. 17/2019. Therefore, the appeal was dismissed as not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee's representative pointed out that the tax effect in the appeal was below the limit prescribed by a CBDT circular for filing appeals.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect is below the prescribed monetary limit as per CBDT circular.

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

For Appellant: Dr. CA Santha Kumar,CA
For Respondent: Smt. A.S. Bindhu, Sr. DR, Dr. CA Santha Kumar,CA
Hearing: 26/09/2019Pronounced: 26/09/2019

This appeal filed by the assessee is directed against the order of CIT(A)-I, Kochi dated 20.05.2019 and pertain to the assessment year 2013-14.

2.

The Ld. AR has submitted that the tax effect in this case is below the limit prescribed in CBDT circular dated 08/08/2019 for filing an appeal before the ITAT.

3.

It is observed that the tax effect in the appeal filed by the Revenue is less than Rs.50 lakhs, and therefore, the Circular No. 17/2019 dated 8th August,

I.T.A. No.500/Coch/2014 2019, issued by the Central Board of Direct Taxes (CBDT) in exercise of its power vested u/s. 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 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 lakhs, 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 lakhs, 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 fall in any of the exceptions referred to in the above said Circular, the Revenue is at liberty to move an application for recalling the order, if so, advised.

4.1 Accordingly in the light of CBDT Circular No. 17/2019 dated 08/08/2019, the appeal filed by the Revenue stands dismissed.

I.T.A. No.500/Coch/2014

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