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Income Tax Appellate Tribunal, ‘D’ BENCH : CHENNAI
Before: SHRI GEORGE MATHAN & SHRI INTURI RAMA RAO
आदेश / O R D E R
PER INTURI RAMA RAO, ACCOUNTANT MEMBER: This is an appeal filed by the Assessee directed against the order of the Commissioner of Income Tax (Appeals)-1, Coimbatore
ITA No.3228/2019 :- 2 -:
(‘CIT(A)’ for short) dated 17.09.2019 for the Assessment Year (AY)
2014-2015.
It is stated before us that the tax effect in this case is 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 �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 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 appeal 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.17/2019
dated 08/08/2019, the appeal filed by the Revenue stands dismissed.
ITA No.3228/2019 :- 3 -:
In the result, the appeal filed by the Revenue stands 3.
dismissed.
Order pronounced on 24th day of February, 2020, at Chennai.
Sd/- Sd/- (जॉज� माथन) (इंटूर� रामा राव) (GEORGE MATHAN) (INTURI RAMA RAO) �या�यक सद�य/JUDICIAL MEMBER लेखा सद�य/ACCOUNTANT 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