DCIT CENTRAL CIRCLE 1, COIMBATORE vs. M/S ABT LIMITED, COIMBATORE

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ITA 1583/CHNY/2018Status: DisposedITAT Chennai24 January 2022AY 2007-082 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that in view of CBDT Circular No. 17/2019, appeals with a tax effect of Rs. 50.00 lakhs or less should not be filed by the Revenue and is applicable retrospectively to pending appeals.

What were the facts?

The assessee's appeal arose from an order of the CIT(A) for AY 2007-08. The tax effect in the appeal was below Rs. 50.00 lakhs.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the tax effect and CBDT Circular No. 17/2019.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI

Before: SHRI MAHAVIR SINGHAND SHRI G. MANJUNATHA

Hearing: 08.12.2021Pronounced: 24.01.2022

O R D E R PER MAHAVIR SINGH, VP: This appeal by the assessee is arising out of the order of Commissioner of Income Tax (Appeals)-1, Coimbatore in Appeal No.24/R/17-18, vide order dated 23.02.2018. The assessment was framed by the DCIT, Company Circle -I(1), Coimbatore for the assessment year 2007-08 vide order dated 28.03.2013 u/s.143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter the ‘Act’).

2.

During the course of hearing before us, the learned Counsel for the assessee pointed out that the tax effect in this appeal is below Rs.50.00

1.

lakhs. The learned Counsel for the assessee further submitted that in view of the CBDT Circular No.17/2019, dated 08.08.2019 brought out by the Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India, the appeal was not maintainable and be dismissed. The Ld. DR also agreed to the facts stated by the Ld.Counsel for the assessee.

3.

We have heard the rival submissions and perused the material on record. We find from the records before us that the tax involved in the disputed issue is below Rs.50 lakhs and therefore, in view of the CBDT Circular No. 17/2019 dated 08.08.2019 no appeal should be filed by the Revenue before the Tribunal which has tax effect of Rs. 50.00 lakhs or less and this circular is also applicable retrospectively to all pending appeals. Therefore, the appeal filed by the Revenue is dismissed.

4.

In the result, the appeal filed by the Revenue is dismissed as not- maintainable. Order pronounced in the court on 24th January, 2022 at Chennai.

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