What did the Tribunal hold?

The Tribunal held that the CBDT Circular No. 17/2019, which mandates withdrawal of appeals with a tax effect below ₹50 lakhs, is binding on the Department. Therefore, the Revenue cannot proceed with the appeal.

The Revenue filed an appeal before the ITAT against the order of the CIT(A) for the assessment year 2012-13. The tax effect in this appeal was less than ₹50 lakhs.

What were the issues?

Whether the Revenue can proceed with an appeal before the ITAT when the tax effect is below the monetary limit prescribed by the CBDT for filing appeals.

ACIT vs Shri Dulquer Salmaan | ITAT Chennai 2019

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI INTURI RAMA RAO

For Respondent: Shri D. Anand, Advocate

Hearing: 02.12.2019Pronounced: 02.12.2019

आदेश /O R D E R

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

This appeal of the Revenue is directed against the order of the Commissioner of Income Tax (Appeals)-18, Chennai, dated 28.07.2016 and pertains to assessment year 2012-13.

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.

In the result, the appeal filed by the Revenue stands dismissed. 3. Order pronounced in the open court after conclusion of hearing on 2nd December, 2019 at Chennai.

ACIT, CHENNAI vs. SHRI DULQUER SALMAAN, CHENNAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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