ITO EXEMPTION WARD 4, CHENNAI vs. THE FEDERATION OF MOTOR SPORTS CLUB OF INDIA, CHENNAI

PDF · subscribers
ITA 2933/CHNY/2018Status: DisposedITAT Chennai28 October 2020AY 2006-072 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 accepted the assessee's submission that the tax effect was below the CBDT's monetary limit for appeals. Consequently, the appeals filed by the Revenue were dismissed.

What were the facts?

The Revenue filed four appeals before the ITAT against the orders of the CIT(A) for various assessment years. The assessee contended that the tax effect in these appeals was below the monetary limit prescribed by the CBDT for filing appeals.

What were the issues?

Whether the appeals filed by the Revenue are maintainable before the Tribunal considering the tax effect below the prescribed monetary limit.

Which sections of the Income-tax Act were involved?

CBDT Circular No. 17/2019

AI-generated summary — verify with the full judgment below

Before: Shri V. Durga Rao & Shri G. Manjunatha

Hearing: 28.10.2020Pronounced: 28.10.2020

O R D E R

PER V. DURGA RAO, JUDICIAL MEMBER:

1.

These four appeals filed by the Revenue are directed against the common order of the learned Commissioner of Income Tax (Appeals)-17, Chennai, dated 02.07.2018 for the assessment years 2005-06, 2006-07, 2008-09 & 2010-11 respectively.

2.

At the time of hearing through video conferencing, the ld. Counsel for the assessee has submitted that the tax effect in all the appeals filed by the Revenue is less than the monetary limit of ₹.50,00,000/- fixed by the CBDT to file an appeal by the Revenue before the Tribunal as per the CBDT Circular No. 17/2019, dated 08.08.2019. The ld. DR fairly conceded the submissions made by the ld. Counsel for the assessee. Being so, the Revenue authorities are precluded from filing the appeal before the Tribunal, since the tax effect is less than ₹.50,00,000/- in the appeal and thus, the appeals filed by the Revenue are liable to be dismissed. Accordingly, all the appeals filed by the Revenue are dismissed. However, the Department is at liberty to seek recall of the above order since, the ld. DR was not sure about as to whether the issue raised in the appeals of the Revenue are not arising out of RAP objection as no specific ground was raised in the grounds of appeal.

4.

In the result, the appeals of the Revenue are dismissed. Order pronounced in the open court on 28th October, 2020 at Chennai.

Recent GST High Court judgments

Search GST case law →