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

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.

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.

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