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Income Tax Appellate Tribunal, ‘C’ BENCH : CHENNAI
Before: SHRI INTURI RAMA RAO & SHRI DUVVURU RL REDDY]
आदेश / O R D E R
PER BENCH:
These are appeals filed by the Revenue directed against order of the Learned Commissioner of Income Tax (Appeals)-17,
ITA Nos.1308 to 1311/2019 :- 2 -:
Chennai, dated 20.02.2019 for assessment years 2007-2008, 2008-09,
2009-10 and 2011-12.
It is stated before us that the tax effect in all these cases
are less than Rs. 50 lakhs and therefore, the Circular No. 17/2019
dated 08.08.2019 issued by the Central Board of Direct Taxes (CBDT)
in exercise of its power vested under Sec. 268A(1) of the IT Act comes
into play wherein, the monetary limit for filing 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. Vide
para 3 of the said circular (supra) 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 a
note of CBDT Circular No. 17/2019, dated 08.08.2019 and considering
the fact that the tax effect in the instant appeals are less than Rs. 50
lakhs, the present appeals deserves to be dismissed as not pressed /
not maintainable. However, we make it clear that the issues raised in
the instant appeals are 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
ITA Nos.1308 to 1311/2019 :- 3 -:
light of CBDT circular No.17/2019 dated 08/08/2019, the appeals filed by the Revenue stand dismissed.
In the result, the appeals filed by the Revenue stand dismissed.
Order pronounced on 24th day of February, 2020, at Chennai.
Sd/- Sd/- (इंटूर� रामा राव) (धु�वु� आर.एल रे�डी) (DUVVURU RL REDDY) (INTURI RAMA RAO) लेखा सद�य/ACCOUNTANT MEMBER �या�यक सद�य/JUDICIAL MEMBER चे�नई/Chennai �दनांक/Dated:24th February, 2020. KV आदेश क� ��त�ल�प अ�े�षत/Copy to: 1. अपीलाथ�/Appellant 3. आयकर आयु�त (अपील)/CIT(A) 5. �वभागीय ��त�न�ध/DR 2. ��यथ�/Respondent 4. आयकर आयु�त/CIT 6. गाड� फाईल/GF