What did the Tribunal hold?

The tribunal decided to dismiss the appeal filed by the Revenue. This decision was based on the CBDT Circular No. 17/2019, which mandates dismissal of appeals with a tax effect below Rs. 50 lacs. The tribunal clarified that this dismissal was not on merits.

The Revenue filed an appeal before the ITAT. Both the Revenue's representative and the assessee's counsel agreed that the tax effect in the appeal was below Rs. 50 lacs. This fact was crucial for the tribunal's decision.

What were the issues?

The primary issue was whether the appeal filed by the Revenue should be dismissed due to low tax effect as per the prevailing CBDT circulars.

ITO vs Cuddalore Marketing Committee… | ITAT Chennai 2019

Income Tax Appellate Tribunal, ‘D’ BENCH: CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI RAMIT KOCHAR

Hearing: 14.11.2019

आदेश / O R D E R

PER RAMIT KOCHAR, Accountant Member:

This appeal is filed by Revenue is disposed of because tax effect in this appeal is less than Rs.50 lacs as per 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.

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

The tax effect in this appeal filed by Revenue is undisputedly below Rs.50 lacs 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 1107.2018 and its subsequent amendment dated 20.08.2018, we are inclined to dismiss this appeal filed by Revenue due to low tax effect involved in this appeal which is below Rs.50 lacs. While disposing of this appeal filed by Revenue due to low tax effect vide aforesaid CBDT Circular No.17/2019 dated 08.08.2019, we clarify that we have not commented on the merits of the issue in this appeal. However, at the same time we are granting liberty to Revenue that if at any stage Revenue wants to agitate the matter/issue in this appeal in accordance with the clauses/exceptions as are contained in the afore-stated CBDT circular number 17/2019 dated 08.08.2018 read with CBDT circular No 3/2018 dated 11.07.2018 as modified on 20.08.2018, the Revenue is hereby granted liberty to file miscellaneous application praying for recall of this order. We order accordingly.

In the result, this appeal filed by Revenue stand dismissed owing to low tax effect as indicated above. Order pronounced in the open court on 14.11.2019.

ITO, CUDDALORE vs. CUDDALORE MARKETING COMMITTEE, CUDDALORE

What did the Tribunal hold?

What were the facts?

What were the issues?

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