DCIT CORPORATE CIRCLE 1(1), CHENNAI vs. AMEC FOSTER WHEELER IND. (P) LTD., CHENNAI

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ITA 2059/CHNY/2018Status: DisposedITAT Chennai27 July 2021AY 2007-083 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 appeal 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 proceedings.

What were the facts?

The Revenue filed an appeal before the ITAT for assessment year 2007-08. The tax effect in the appeal was less than Rs. 50 lakhs.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect and CBDT Circular No. 17 of 2019.

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, ‘D’ BENCH, CHENNAI

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

Hearing: 27.07.2021

This appeal filed by the Revenue is directed against order of the learned CIT(A)-9, Chennai dated 26.04.2018 and pertains to assessment year 2007-08.

2.

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 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, the appeal stands dismissed.

3.

In the result, appeal filed by the Revenue is dismissed.

Order pronounced in the open court on 27th July, 2021

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