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Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI
Before: SHRI V.DURGA RAO & SHRI G.MANJUNATHA
: 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.
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.