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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Chandra Poojari, AM & Shri George George K, JM
Per BENCH:
These appeals filed by the Revenue are directed against the order of the
Commissioner of Income-tax (Appeals)-I, Kochi dated 14/08/2018 and pertain
to the assessment years 2012-13 & 2015-16.
At the time of hearing, both the parties stated that the tax effect in these
appeals were less than Rs. 20 lakhs and therefore, Circular No. 3/2018 dated
11.07.2018 issued by the Central Board of Direct Taxes (CBDT) in exercise of its
power vested under Sec. 268A(1) of the I.T. Act would come into play, wherein,
the monetary limit for filing the appeals by the Revenue before the ITAT and
various High Courts as well as Apex Court were revised with an object of
reducing the tax litigation. Vide para 3 of the said circular (supra), it is stated
that in cases where the tax effect in the appeal to be filed before the Appellate
2 ITA No.509&510/Coch/2018.
Tribunal does not exceed Rs. 20 lakhs, appeal should not be filed. Thus, taking
note of CBDT Circular No. 03/2018 dated 11.07.2018 and also the judgment of
the Jurisdictional High Court in the case of CIT vs. Tata Ceramics Ltd. (102 CCH
0094) and considering the fact that the tax effect in the instant appeals is less
than Rs. 20 lakhs, the present appeals deserve to be dismissed as not
maintainable.
Accordingly in the light of CBDT Circular No. 03/2018 dated 11.07.2018,
the appeals stand dismissed.
In the result, the appeals filed by the Revenue are dismissed. Order pronounced on this 21st March, 2019.
sd/- sd/- (GEORGE GEORGE K.) (CHANDRA POOJARI) JUDICIAL MEMBER ACCOUNTANT MEMBER
Place: Kochi Dated : 21st March, 2019 GJ Copy to: 1. M/s. Spectrum Soft Tech solutions Pvt. Ltd., Mahakavi G. Road, Karakkamuri, Kochi-682 011. 2. The Income Tax officer, Corporate Ward-2(1), Kochi. 3. The Commissioner of Income-tax(Appeals)-I, Kochi. 4. The Pr. Commissioner of Income-tax, Kochi. 5. D.R., I.T.A.T. Cochin Bench, Kochi. 6. Guard File. By Order
(Assistant Registrar) I.T.A.T., Cochin Bench