DCIT CORPORATE CIRCLE 1 (1), CHENNAI vs. M/S ASHOK LEYLAND LIMITED (FORMERLY ASHLEY INVESTMENT LIMITED), CHENNAI

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ITA 1733/CHNY/2018Status: DisposedITAT Chennai06 February 2020AY 2007-083 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 dismissed the Revenue's appeal as not maintainable based on CBDT Circular No. 17/2019, as the tax effect was below the prescribed monetary limit. The assessee's cross-objection was rendered infructuous.

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 less than Rs. 50 lakhs.

What were the issues?

Whether an appeal filed by the Revenue with a tax effect below the prescribed monetary limit under CBDT Circular No. 17/2019 is maintainable before the ITAT.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI

Before: SHRI INTURI RAMA RAO & SHRI DUVVURU RL REDDY

Hearing: 06.02.2020Pronounced: 06.02.2020

Heard together (2 matters)

I.T.A.No.1733/Chny/2018
C.O.No. 111/Chny/2018

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

राज� की ओर से /Revenue by : Ms. R. Anitha, JCIT : Shri Saroj Kumar Parida, Advocate िनधा�रती की ओर से /Assessee by सुनवाई क� तार�ख/Date of hearing : 06.02.2020 घोषणा क� तार�ख /Date of Pronouncement : 06.02.2020 आदेश /O R D E R PER INTURI RAMA RAO, ACCOUNTANT MEMBER:

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)-1, Chennai dated 28.02.2018 for assessment year 2007-2008.

It is stated before us that the tax effect in this cases is less than 2. 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 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.

C.O. No.111/Chny/2018 3. Since we have dismissed the appeal filed by the Revenue on monetary limits, the cross objection filed by the assessee has become infructuous.

4.

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 6th February, 2020 at Chennai.

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