DCIT NON CORPORATE CIRCLE-1(1), CHENNAI vs. KUNNAM GRANITE WORKS, CHENNAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal dismissed the appeal as not maintainable, citing CBDT Circular No. 17 of 2019 which sets a monetary limit for appeals. The issues raised were left open for future proceedings.
What were the facts?
The Revenue filed an appeal before the ITAT against an order of the CIT(A) for AY 2012-13. The tax effect in the appeal was less than Rs. 50 lakhs.
What were the issues?
Whether an appeal filed by the Revenue before the ITAT is maintainable when the tax effect is below the threshold specified in CBDT Circular No. 17 of 2019.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI
Before: SHRI V.DURGA RAO & SHRI G.MANJUNATHA
PER G.MANJUNATHA, AM:
This appeal filed by the Revenue is directed against order passed by the learned Commissioner of Income Tax(Appeals)-2, Chennai, dated 29.11.2019 and pertains to assessment year 2012-13.
It is stated before us that the tax effect in the above appeal is less than Rs. 50 lakhs and therefore, the Circular No. 17 of 2019 dated 08.08.2019 issued by the Central Board of Direct Taxes (CBDT) in exercise of its power vested under section 268A(1) of the Income Tax Act, 1961 comes into play wherein, the monetary limit for filing the appeal by the Revenue before the ITAT and various High Courts as well as Apex Court are revised with an object of the reducing the tax litigation. In the said circular, 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 lakhs appeals should not be filed. Thus, taking note of CBDT Circular No. 17 of 2019 dated 08.08.2019 and considering the fact that the tax effect in the instant appeal is less than Rs. 50 lakhs, the present appeal deserves to be dismissed as not pressed / not maintainable. However, we make it clear that issues 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. Accordingly, in the light of CBDT circular No. 17 of 2019 dated 08.08.2019, this appeal stands dismissed.
In the result, appeal filed by the Revenue is dismissed.
Order pronounced in the open court on 16th December, 2021
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