DCIT, CIRCLE - 3(1), TRICHY vs. S. SOMASUNDARAM, TRICHY

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ITA 2198/CHNY/2019Status: DisposedITAT Chennai17 October 2019AY 2016-172 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 CBDT Circular No. 17/2019 mandates withdrawal of appeals with a tax effect below ₹50 lakhs. Therefore, the Revenue could not proceed with the appeal.

What were the facts?

The Revenue filed an appeal before the ITAT for assessment year 2016-17. The tax effect in the case was less than ₹50 lakhs.

What were the issues?

Whether the Revenue's appeal should be withdrawn and dismissed based on the CBDT's monetary limit for filing appeals before the ITAT.

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

For Appellant: Shri AR.V. Sreenivasan, JCIT
For Respondent: Shri M. Kaushik, Advocate
Hearing: 17.10.2019Pronounced: 17.10.2019

आदेश /O R D E R

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

1.

This appeal of the Revenue is directed against the order of the Commissioner of Income Tax (Appeals)-1, Trichy, dated 10.05.2019 and pertains to assessment year 2016-17.

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 this appeal. Accordingly, this appeal stands dismissed.

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