DCIT, CHENNAI vs. RANE ENGINE VALVE LTD., CHENNAI

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ITA 1444/CHNY/2017Status: DisposedITAT Chennai17 August 2021AY 2011-123 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeals as not pressed/maintainable, citing CBDT Circular No. 17 of 2019 which sets a monetary limit for filing appeals. The issues raised were left open for future examination.

What were the facts?

The Revenue filed four appeals before the ITAT against common orders of the CIT(A). The tax effect in these appeals was less than Rs. 50 lakhs.

What were the issues?

Whether appeals with a tax effect below the prescribed monetary limit in CBDT Circular No. 17 of 2019 should be dismissed.

Which sections of the Income-tax Act were involved?

Section 268A(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: SHRI V.DURGA RAO & SHRI G.MANJUNATHA

Hearing: 17.08.2021

: Ms. R.Anita, JCIT अपीलाथ� क� ओरसे/ Appellant by : Mr. Vikram Vijayaraghavan, ��यथ� क� ओरसे/Respondent by Advocate : सुनवाई क� तार!ख/Date of hearing 17.08.2021 : 17.08.2021 घोषणा क�तार!ख /Date of Pronouncement आदेश / O R D E R PER BENCH:

These four appeals filed by the Revenue are directed against common order passed by the learned CIT(A)-3, Chennai all dated 28.02.2017 and pertain to relevant assessment years.

2.

It is stated before us that the tax effect in the above appeals 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 appeals is less than Rs. 50 lakhs, the present appeals deserve to be dismissed as not pressed / not maintainable. However, we make it clear that the 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, all the four appeals stand dismissed.

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