ACIT CORPORATE CIRCLE 6 (2), CHENNAI vs. M/S SIPPING SPIRITS PVT LTD, CHENNAI

PDF · subscribers
ITA 1792/CHNY/2018Status: DisposedITAT Chennai20 February 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 noted that the CBDT Circular No. 17/2019 mandates withdrawal of appeals with a tax effect below ₹50 lakhs. Therefore, the Revenue's appeal could not proceed.

What were the facts?

The Revenue filed an appeal before the ITAT against the order of the CIT(A) for the assessment year 2014-15. The tax effect in the case was less than ₹50 lakhs.

What were the issues?

Whether the Revenue's appeal should be dismissed based on the CBDT's monetary limit for filing appeals before the ITAT.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI S. JAYARAMAN

Hearing: 20.02.2020Pronounced: 20.02.2020

आदेश /O R D E R

PER N.R.S. GANESAN, JUDICIAL MEMBER:

1.

This appeal of the Revenue is directed against the order passed by the Commissioner of Income Tax (Appeals)–15, Chennai dated 31.01.2018 and pertains to the assessment year 2014-15.

2.

On hearing the ld. Departmental Representative, we find that the tax effect in this case is less than `50 lakhs. The CBDT in its Circular No.17/2019 dated 08.08.2019 increased the monetary limit for filing appeal before this Tribunal and instructed its officers to withdraw all the appeals pending before the ITAT where the tax effect is less than `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, this appeal stands dismissed.

3.

In the result, the appeal filed by the Revenue stands dismissed.

Order pronounced in the court on 20th February, 2020 at Chennai.

Recent GST High Court judgments

Search GST case law →