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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Chandra Poojari, AM & Shri George George K, JM
Per CHANDRA POOJARI, AM
This appeal filed by the Revenue is directed against the order of the
Commissioner of Income-tax (Appeals), Kochi dated and pertains to the
assessment year
At the time of hearing, both the parties stated that the tax effect in this
appeal was 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
2 ITA No.483//Coch/2016.
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
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 appeal is less
than Rs. 20 lakhs, the present appeal deserves to be dismissed as not
maintainable.
Accordingly in the light of CBDT Circular No. 03/2018 dated 11.07.2018,
the appeal stands dismissed.
In the result, the appeal filed by the Revenue is dismissed. Order pronounced on this 20th February, 2019.
sd/- sd/- (GEORGE GEORGE K.) (CHANDRA POOJARI) JUDICIAL MEMBER ACCOUNTANT MEMBER
Place: Kochi Dated : 20th February, 2019 GJ Copy to: 1. M/s. Popular Motor World Pvt. Ltd., 32/2361, A-2, Geethanjali Stop, NH Bye-Pass,Vytilla P.O., Kochi-682 019. 2. The Assistant Commissioner of Income-tax, Circle-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
3 ITA No.483//Coch/2016.