JCIT (OSD), CORPORATE CIRCLE 2(2), CHENNAI vs. INDIA PISTON LTD., CHENNAI

Before we proceed further, it is observed that there is delay of 7 days in filing these two appeals late by Revenue beyond time prescribed u/s 253(3) of the 1961 Act, for which supporting affidavit(s) explaining

I.T.A. Nos.1753 & 1754/Chny/2019 the delay in filing of these appeals late beyond time stipulated u/s 253(3) of the Income-tax Act, 1961 are filed by Revenue . The learned counsel did not object to condonation of delay in filing of these two appeals late by Revenue beyond time prescribed u/s 253(3) of the 1961 Act . After hearing both the parties , we condone delay in filing of these appeal late by Revenue beyond time prescribed u/s 253(3) of the 1961 Act by exercising our powers u/s 253(5) of the 1961 Act, as in our considered view the Revenue has shown sufficient cause for delay of seven days in filing of these appeals beyond time prescribed u/s 253(3) of the 1961 Act and there is no malafide shown by rival party in filing of these appeals late by Revenue by 7 days beyond time prescribed u/s 253(3) of the 1961 Act. Both these appeals stand admitted and are now adjudicated by this common order. We order accordingly.

The Ld. DR at the outset submitted that tax effect involved in each of these appeals filed by Revenue is less than Rs.50lacs and these two appeals are covered by CBDT circular No.17/2019 dated 08.08.2019 being a low tax effect appeals filed by the Revenue. It is also explained by learned DR that these two appeals filed by Revenue are also not hit by any of exceptions carved out in aforesaid CBDT circular. The learned counsel for assessee stated before the Bench that these two appeals filed by Revenue are low tax effect and hence are required to be dismissed as covered by aforesaid CBDT circular.

The tax effect in both these appeals filed by Revenue are undisputedly below Rs.50 lacs taken separately in each of the appeal and thus keeping in view CBDT Circular No.17/2019 (F.No.279/Misc.142/2007-ITJ (Pt)) dated 08th August, 2019 issued by Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India, amending Para No.3 and 5 of the CBDT Circular No.3 of 2018 dated 11.07.2018 and its subsequent amendment dated 20.08.2018, we are inclined to dismiss both these appeals filed by Revenue due to low tax

In result, both these appeals filed by Revenue stand dismissed owing to low tax effect as indicated above. Order pronounced in the open court on 27.11.2019.