ITO, CHENNAI vs. SMT. RADHA JAYARAMAN, CHENNAI

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ITA 3128/CHNY/2016Status: DisposedITAT Chennai28 February 2020AY 2012-133 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's appeal could not proceed.

What were the facts?

The Revenue filed an appeal before the ITAT, and the assessee filed a cross-objection. The tax effect in the appeal was found to be less than Rs. 50 lakhs.

What were the issues?

Whether the Revenue's appeal should be dismissed based on the monetary limit prescribed by CBDT Circular No. 17/2019.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, CHENNAI

Hearing: 05.12.2019Pronounced: 28.02.2020

आदेश/ O R D E R PER BENCH:

1.

This appeal filed by the Revenue and the cross objection filed by the assessee are directed against the order of the learned Commissioner of Income Tax (Appeals) -2, Chennai in dated 31.08.2016 for the assessment year 2012- 13.

2.

At the time of hearing, the Ld. AR submitted that the tax effect is below Rs. 50 lakhs and hence the Reveue’s appeal would be covered by :-2-: ITA No:3128/Chny/2016 &CO no: 199/Chny/2016 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. 5 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.

Since we have dismissed the appeal filed by the Revenue on monetary limits, the cross objection filed by the assessee has become infructuous.

5.

In the result, the appeal filed by the Revenue as well as the cross objection filed by the assessee are dismissed.

Order pronounced in Open Court on 28th February, 2020 at Chennai.

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