What did the Tribunal hold?

The Tribunal held that the CBDT circular regarding the monetary limit for appeals is binding on the Revenue's officers. Therefore, the Revenue could not proceed with the appeal.

The Revenue filed an appeal before the ITAT against an order of the CIT(A). During the hearing, it was noted that the tax effect in the appeal was below the monetary limit set by the CBDT for filing appeals.

What were the issues?

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

ACIT vs Akshay Kumar Jashwant Chand Mehta | ITAT Chennai 2019

Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI

Before: SHRI GEORGE MATHAN & SHRI S. JAYARAMAN

Hearing: 02.12.2019Pronounced: 02.12.2019

आयकर अपील�य अ�धकरण, ‘डी’ �यायपीठ, चे�नई IN THE INCOME TAX APPELLATE TRIBUNAL , ‘D’ BENCH, CHENNAI �ी जॉज� माथन,�याियक सद�य एवं �ी एस जयरामन, लेखा सद�य के सम� BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A.No.1323/CHNY/2017 (�नधा�रण वष� / Assessment Year: 2012-13) Vs Shri The ACIT, Akshay Kumar Jashwant Non-Corporate Circle – 11, Mehta, Chennai. No.196, Govindappa Naicken Street, Chennai – 600 001. PAN: AAIPM 4085D (अपीलाथ�/Appellant) (��यथ�/Respondent) अपीलाथ� क� ओर से/ Appellant by : Shri R. Anita, JCIT ��यथ� क� ओर से/Respondent by : Shri D. Anand, Advocate सुनवाई क� तार�ख/Date of hearing : 02.12.2019 घोषणा क� तार�ख /Date of Pronouncement : 02.12.2019 आदेश / O R D E R Per S.JAYARAMAN, AM:

The Revenue filed this appeal against the order of the learned Commissioner of Income Tax (Appeals)-13, Chennai, in dated 22.02.2017 for the assessment year 2012-13.

At the time of hearing, the Ld.AR submitted that the tax effect is below Rs.50 lakhs and hence the Revenue’s appeal would be covered by the CBDT Circular No.17/2019 dated 08.08.2019, fixing the monetary limit of Rs.50 lakhs. The Ld.DR on verification admitted that the tax effect involved in the appeal is less than Rs.50 lakhs.

On hearing both sides, we find that the tax effect in this case is less than Rs. 50 lakhs. The CBDT in its Circular No. 17/2019 dated 08.08.2019 instructed its officers to withdraw all the appeals pending before the ITAT where the tax effect is less than Rs. 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, the appeal stands dismissed.

In the result, the appeal of the Revenue is dismissed.

Order pronounced in the open court on 2nd December, 2019 at Chennai.

ACIT, CHENNAI vs. AKSHAY KUMAR JASHWANT CHAND MEHTA, CHENNAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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