DCIT CORPORATE CIRCLE 2(2), CHENNAI vs. IT EXPRESSWAY LTD., CHENNAI

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ITA 2561/CHNY/2017Status: DisposedITAT Chennai28 February 2020AY 2008-093 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 instructs to withdraw 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 against an order of the CIT(A) for AY 2008-09. The assessee also filed a cross-objection. During the hearing, it was established that the tax effect in the Revenue's appeal was below Rs. 50 lakhs.

What were the issues?

Whether the Revenue's appeal should be dismissed based on the CBDT's monetary limit for appeals, and consequently, whether the assessee's cross-objection becomes infructuous.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI

Before: SHRI GEORGE MATHAN & SHRI S. JAYARAMAN

Pronounced: 28.02.2020

Heard together (2 matters)

I.T.A.No.2561/CHNY/2017
C.O. No.28/Chny/2018

Read from the judgment's own cause title. This page is filed under one of them.

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)-6, Chennai, in dated 18.08.2017 for the assessment year 2008-09.

2 & CO No.199/Chny/2016 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.

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 the court on 28th February, 2020 at Chennai.

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