ACIT (OSD) CORPORATE CIRCLE 4(2), CHENNAI vs. KKA BUILDTECH PRIVATE LIMITED, CHENNAI

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ITA 1158/CHNY/2019Status: DisposedITAT Chennai20 November 2019AY 2013-142 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 noted that the tax effect was below the monetary limit specified in CBDT Circular No. 17/2019. Therefore, the Revenue could not proceed with the appeal.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2013-14. At the time of hearing, the Revenue's representative submitted that the tax effect was below Rs. 50 lakhs.

What were the issues?

Whether the Revenue's appeal should be withdrawn or dismissed based on the monetary limit prescribed by CBDT Circular No. 17/2019.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH: CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI S. JAYARAMAN

Hearing: 20.11.2019

आदेश / O R D E R PER SHRI S. JAYARAMAN, ACCOUNTANT MEMBER:

1.

The Revenue filed this appeal against the order of the Commissioner of Income Tax (Appeals)-8, Chennai in & 366/16-17 dated 31.01.2017 for the assessment year (AY) 2013-14.

2.

At the time of hearing, the Ld. DR 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.

3.

None appeared on behalf of the assessee at the time of hearing. On hearing the ld. DR, 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.

4.

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

Order pronounced on 20th day of November, 2019 in Chennai.

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