ACIT LARGE TAX PAYER UNIT 2, CHENNAI vs. M/S INDIA JAPAN LIGHTING LIMITED, CHENNAI

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ITA 716/CHNY/2018Status: DisposedITAT Chennai18 December 2019AY 2009-103 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, considering CBDT Circular No. 17/2019 which mandates not filing appeals with tax effect below Rs. 50 lakhs, dismissed the appeals. The issues raised were left open for future examination.

What were the facts?

The Revenue filed appeals before the ITAT for assessment years 2009-2010 and 2010-2011. The tax effect in both appeals was less than Rs. 50 lakhs.

What were the issues?

Whether appeals with a tax effect below the monetary limit prescribed by CBDT circular should be entertained by 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 N.R.S. GANESAN & SHRI INTURI RAMA RAO]

For Respondent: Shri. Saroj Kumar Parida, Adv

आदेश / O R D E R

PER INTURI RAMA RAO, ACCOUNTANT MEMBER These are appeals filed by the Revenue directed against different orders of the Learned Commissioner of Income Tax

ITA Nos.716 &717/2018 :- 2 -:

(Appeals)-5, Chennai (CIT(A) for short) dated 11.12.2017 for assessment years 2009-2010 & 2010-2011.

2.

It is stated before us that the tax effect in both the assessment years 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.

ITA Nos.716 &717/2018 :- 3 -:

1.

Accordingly, in the light of CBDT circular No.17/2019 dated 08/08/2019, the appeals filed by the Revenue stand dismissed.

3.

In the result, the appeals filed by the Revenue stand dismissed.

Order pronounced on 18th day of December, 2019, at Chennai.

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