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Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI
Before: SHRI V.DURGA RAO & SHRI G.MANJUNATHA
PER G.MANJUNATHA, ACCOUNTANT MEMBER:
This appeal filed by the Revenue and Cross Objection filed by
the assessee are directed against the order of the Commissioner of
Income Tax (Appeals)-19, Chennai dated 17.07.2018 and they
pertain to the assessment year 2013-14.
It is stated before us that the tax effect in this case 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
2 ITA No.2998/Chny/2018 & C.O.No.8/Chny/2019
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 appeals 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 appeals 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.
C.O. No.8/Chny/2019:
We find that there is a delay of 8 days in filing cross objection
filed by the assesee, for which necessary petition along with affidavit
has been filed for condonation of delay. The reasons given by the
assessee for not filing cross objection within the time allowed under
3 ITA No.2998/Chny/2018 & C.O.No.8/Chny/2019
the Act is under a bonafide belief. Therefore, we condone the delay
in filing cross objection filed by the assessee and admit the same.
Since, we dismissed the appeal of the Revenue as not maintainable
on account of low tax effect, the cross objection filed by the
assessee does not survive and accordingly Cross Objection filed by
the assessee is dismissed.
In the result, the appeal filed by the Revenue and Cross
Objection by the assessee are dismissed. Order pronounced in the open court on 29th September, 2020
Sd/- Sd/- ( वी. दुगा� राव ) ( जी.मंजुनाथ ) (V.Durga Rao) ( G.Manjunatha ) #या�यक सद%य /Judicial Member लेखा सद%य / Accountant Member चे#नई/Chennai, (दनांक/Dated 29th September, 2020 DS आदेश क� ��त*ल+प अ,े+षत/Copy to: 1. Appellant 2. Respondent 3. आयकर आयु-त (अपील)/CIT(A) 4. आयकर आयु-त/CIT 5. +वभागीय ��त�न2ध/DR 6. गाड� फाईल/GF.