THE ACIT, COCHIN vs. M/S. POPULAR MOTOR WORLD P. LTD, COCHIN

PDF · subscribers
ITA 483/COCH/2016Status: DisposedITAT Cochin20 February 2019AY 2010-113 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal should not have been filed due to the low tax effect. Following the CBDT circular and jurisdictional High Court judgment, the appeal was deemed not maintainable.

What were the facts?

The Revenue filed an appeal before the Income Tax Appellate Tribunal (ITAT). Both parties agreed that the tax effect in the appeal was less than Rs. 20 lakhs. This amount falls below the threshold set by a CBDT circular for filing appeals.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT given the tax effect was below the prescribed monetary limit by the CBDT.

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

For Appellant: Shri P.M.Veeramani, CA
For Respondent: Smt. Bindhu A.S., Sr. DR, Shri P.M.Veeramani, CA
Hearing: 20/02/2019

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

2.

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.

3.

Accordingly in the light of CBDT Circular No. 03/2018 dated 11.07.2018,

the appeal stands dismissed.

4.

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.

More judgments on Section 268A

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

Recent GST High Court judgments

Search GST case law →