THE ITO, COCHIN vs. M/S LUMIER FILM COMPANY, COCHIN

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ITA 62/COCH/2017Status: DisposedITAT Cochin04 September 2019AY 2008-093 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 appeal as not maintainable, citing CBDT Circular No. 17/2019 which mandates that appeals with a tax effect below Rs. 50 lakh should not be filed. The issues raised were left open for future proceedings.

What were the facts?

The Revenue filed an appeal before the ITAT for the assessment year 2008-2009. The tax effect in the appeal was less than Rs. 50 lakh.

What were the issues?

Maintainability of the appeal due to low tax effect 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

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

Hearing: 04.09.2019Pronounced: 04.09.2019

Per George George K, JM

This appeal at the instance of the Revenue is directed against the order of the Commissioner of Income-tax (Appeals)’s dated 13.12.2016. The relevant assessment year is 2008-2009.

2.

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 litigation. Vide para

ITA No.62/Coch/2017 2 M/s.Lumier Film Company. 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 deserve 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 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 04th day of September, 2019.

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

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

ITA No.62/Coch/2017 3 M/s.Lumier Film Company.

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

BY ORDER,

(Asstt. Registrar) ITAT, Cochin

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