What did the Tribunal hold?

The Tribunal held that as per CBDT Circular No. 17/2019, appeals with a tax effect of Rs. 50 lakhs or less should not be filed by the Revenue and this circular is applicable retrospectively. Therefore, the appeal filed by the Revenue is dismissed.

The Revenue filed an appeal with a delay of 7 days, which was condoned. The assessee's counsel pointed out that the tax effect was below Rs. 50 lakhs.

What were the issues?

Maintainability of the Revenue's appeal before the Tribunal due to low tax effect, in light of CBDT Circular No. 17/2019.

DCIT vs K.R.Meenakshi Sundaram, Madurai | ITAT Chennai 2021

Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI

Before: SHRI MAHAVIR SINGHAND SHRI G. MANJUNATHA

Hearing: 30.11.2021Pronounced: 30.11.2021

O R D E R PER MAHAVIR SINGH, VP: This appeal filed by the assessee is directed against the order of learned Commissioner of Income Tax (Appeals)-19, Chennai in dated 31.07.2018 for the assessment year 2011-12. The assessment was framed by the Income Tax Officer, Ward II(1), Chennai for the assessment year 2011-12 u/s. 143(3) of the Income Tax Act (hereinafter the ‘Act’), vide order dated 30.03.2014.

2 2. At the outset, it is noted that the appeal is filed with a delay of 7 days. The Revenue has filed an affidavit for condonation of delay stating the reasons that the delay is due to staff went on leave on the occasion of Deepawali, postal delay in receiving the communication and taking photocopies of relevant papers to be filed. It was further stated that the delay is neither wanton nor willful. When these facts were pointed out to the ld. AR, he did not raise any objection for condonation of delay. After hearing both the sides, we are of the view that the reason stated seems to be reasonable and hence, we condone the delay and admit the appeal.

During the course of hearing before us, the learned Counsel 3. for the assessee pointed out that the tax effect in this appeal is below Rs.50.00 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 4. 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.

In the result, the appeal filed by the Revenue is dismissed as not-maintainable.

Order pronounced in the open court on 30th November, 2021 at Chennai.

DCIT CENTRAL CIRCLE 1, MADURAI vs. K.R.MEENAKSHI SUNDARAM, MADURAI

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments