DCIT CENTRAL CIRCLE 2(2), CHENNAI vs. SASTRY NUTS & PLATES MANUFACTURING PVT. LTD., CHENNAI

PDF · subscribers
ITA 2812/CHNY/2018Status: DisposedITAT Chennai17 October 2019AY 1995-963 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 held that the CBDT Circular No. 17/2019, which increased the monetary limit for filing appeals, is binding on the Revenue. Therefore, the Revenue cannot proceed with these appeals.

What were the facts?

The Revenue filed appeals against the orders of the CIT(A) for assessment years 1995-96 and 1996-97. The tax effect in these appeals was less than ₹50 lakhs.

What were the issues?

Whether the Revenue is bound by the CBDT circular regarding the monetary limit for filing appeals before the ITAT.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

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

For Appellant: Ms. Sri Shanmuga Priya, JCIT
For Respondent: Shri T. Vasudevan, Advocate
Hearing: 25.09.2019Pronounced: 17.10.2019

आदेश /O R D E R

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

1.

Both the appeals of the Revenue are directed against the respective orders of the Commissioner of Income Tax (Appeals)-18, Chennai, dated 28.06.2018 and pertain to assessment years 1995- 96 and 1996-97.

2.

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 these appeals. Accordingly, both the appeals stand dismissed.

3.

In the result, both the appeals filed by the Revenue stand dismissed.

Order pronounced in the court on 17th October, 2019 at Chennai.

Recent GST High Court judgments

Search GST case law →