ITO WARD 2, KANCHEEPURAM vs. V.YUVARAJ, KANCHEEPURAM

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ITA 2943/CHNY/2018Status: DisposedITAT Chennai08 January 2020AY 2013-143 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 due to the low tax effect, following CBDT Circular No. 17/2019. Consequently, the assessee's cross-objection was also dismissed as it did not survive.

What were the facts?

The Revenue filed an appeal and the assessee filed a cross-objection against the CIT(A)'s order for AY 2013-2014. The tax effect in the appeal was less than Rs. 50 lakhs.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT when the tax effect is below the monetary limit prescribed by CBDT circulars. The survival of the assessee's cross-objection consequent to the dismissal of the Revenue's appeal.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH : CHENNAI

Before: SHRI GEORGE MATHAN & SHRI INTURI RAMA RAO

For Respondent: Shri. A. Sundararajan, Addl.CIT, Shri. M. Narayanan, Addl. CIT

Heard together (2 matters)

I.T.A. No.2943/CHNY/2018
C.O.No.136/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 INTURI RAMA RAO, ACCOUNTANT MEMBER:

1.

This is an appeal filed by the Revenue and the Cross Objection (CO) filed by the assessee directed against the order of the learned Commissioner of Income Tax (Appeals)-7, Chennai , CO 136/2018 :- 2 -:

(hereinafter called as ‘CIT(A)’) dated 20.07.2018 for the assessment year (AY) 2013-2014.

It is stated before us that the tax effect in this case 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 �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 , CO 136/2018 :- 3 -: 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.

Since, we dismissed the appeal of the Revenue as not 3. maintainable on account of low tax effect, the cross objection filed by the assessee does not survive and accordingly Cross Objections filed by the assessee is dismissed.

4.

In the result, the appeal filed by the Revenue and the Cross Objections of the assessee are dismissed.

Order pronounced on 8th day of January, 2020, at Chennai.

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