ITO CORPORATE WARD 2(1), CHENNAI vs. ETL POWER SERVICES LTD., CHENNAI

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ITA 1030/CHNY/2019Status: DisposedITAT Chennai10 October 2019AY 2009-102 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 instructs officers to withdraw appeals with a tax effect below Rs. 50 lakhs, is binding on the Department. Therefore, the Revenue could not proceed with the appeal.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). During the hearing, it was submitted that the tax effect was below Rs. 50 lakhs.

What were the issues?

Whether the Revenue's appeal should be 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 Respondent: Shri Saroj Kumar Parida, Advocate
Hearing: 10.10.2019Pronounced: 10.10.2019

आदेश / O R D E R

PER S. JAYARAMAN, ACCOUNTANT MEMBER:

1.

The Revenue filed this appeal against the order of the learned Commissioner of Income Tax (Appeals)-6, Chennai in Appeal No.459/CIT(A)-6/2016-17 dated 23.01.2019 for the assessment year 2009-10.

2.

At the time of hearing, the Ld.AR 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.

On hearing both sides, 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 in the open court on 10th October, 2019 at Chennai.

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