DCIT, CORP CIR 3(2), CHENNAI vs. VISHRANTHI HOMES PVT LTD, CHENNAI

PDF · subscribers
ITA 405/CHNY/2019Status: DisposedITAT Chennai04 March 2020AY 2014-152 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 held that the CBDT Circular No. 17/2019, which mandates withdrawal of appeals with a tax effect below Rs. 50 lakhs, is binding on the Department. Therefore, the Revenue could not proceed with the appeal.

What were the facts?

The Revenue filed an appeal before the ITAT. During the hearing, it was submitted that the tax effect in the appeal was below Rs. 50 lakhs. The Departmental Representative confirmed this fact.

What were the issues?

Whether the Revenue's appeal should be dismissed based on the CBDT circular regarding monetary limits for filing appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, CHENNAI

Before: SHRI GEORGE MATHAN & SHRI S. JAYARAMAN

For Respondent: Shri. M. Kaushik, Advocate
Hearing: 18.12.2019Pronounced: 04.03.2020

आदेश/ O R D E R

PER S. JAYARAMAN, ACCOUNTANT MEMBER :

1.

The Revenue filed this appeal against the order of Commissioner of Income Tax (Appeals)-7, Chennai in dated 26.11.2018 for assessment year 2014-15.

2.

At the time of hearing, the Ld.AR submitted that the tax effect is below Rs.50 lakhs and hence the Revenue’s appeal would be covered by the CBDT Circular No.17/2019 dated 08.08.2019, fixing the monetary limit of Rs.50 lakhs. The Ld.DR on verification admitted that the tax effect involved in the appeal is less than Rs.50 lakhs.

3.

On hearing both sides, we find that the tax effect in this case is less than Rs. 50 lakhs. The CBDT in its Circular No. 17/2019 dated 08.08.2019 instructed its officers to withdraw all the appeals pending before the ITAT where the tax effect is less than Rs. 50 lakhs. This Tribunal is of the considered opinion that this circular of CBDT is binding on the officers of the Department. Therefore, the Revenue cannot proceed further in this appeal. Accordingly, the appeal stands dismissed.

4.

In the result, the appeal of the Revenue is dismissed.

Order pronounced on Wednesday, 04th March, 2020 at Chennai.

Recent GST High Court judgments

Search GST case law →