THE ACIT, KOTTAYAM vs. SRI.RAJU SEBASTIAN, KOTTAYAM

PDF · subscribers
ITA 156/COCH/2017Status: DisposedITAT Cochin04 September 2019AY 2007-083 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 dismissed the appeals filed by the Revenue. This decision was based on CBDT Circular No. 17/2019, which stipulates that appeals with a tax effect below Rs. 50 lakh should not be filed.

What were the facts?

The Revenue filed appeals before the ITAT for assessment years 2007-2008 and 2008-2009. The tax effect in these appeals was less than Rs. 50 lakh.

What were the issues?

The primary issue was the maintainability of the Revenue's appeals before the ITAT given the low tax effect, in light of a 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

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

Hearing: 04.09.2018Pronounced: 04.09.2019

Heard together (2 matters)

ITA No.156/Coch/2017
ITA No.157/Coch/2017

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

Per George George K, JM

These appeals at the instance of the Revenue are directed against the common order of the Commissioner of Income-tax (Appeals)’s dated 03.03.2017. The relevant assessment years are 2007-2008 and 2008-2009.

2.

It is observed that the tax effect in these appeals 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

ITA Nos.156-157/Coch/2017 2 Sri.Raju Sebastian. 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 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 appeals is less than Rs.50 lakh, the present appeals deserve to be dismissed, as not maintainable. However, we make it clear that the issue(s) raised in the instant appeals 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 appeals fall 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 appeals stand dismissed.

4.

In the result, the appeals filed by the Revenue are dismissed.

Order pronounced on this 04th day of September, 2019.

Sd/- Sd/- (Chandra Poojari) (George George K) ACCOUNTANT MEMBER JUDICIAL MEMBER

Cochin ; Dated : 04th September, 2019. Devdas*

ITA Nos.156-157/Coch/2017 3 Sri.Raju Sebastian.

Copy of the Order forwarded to : 1. The Appellant 2. The Respondent. 3. The Pr.CIT, Kottayam. 4. The CIT(Appeals)-Kottayam. 5. DR, ITAT, Cochin 6. Guard file.

BY ORDER,

(Asstt. Registrar) ITAT, Cochin

More judgments on Section 268A

All 3,931 judgments and leading authorities on Section 268A →

Recent GST High Court judgments

Search GST case law →