DCIT, CORPORATE CIRCLE 3(1), CHENNAI vs. TAMIL NADU SUGAR CORPORATION LTD, CHENNAI

PDF · subscribers
ITA 1651/CHNY/2019Status: DisposedITAT Chennai18 September 2019AY 2012-133 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 dismissed the appeals 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.

What were the facts?

The Revenue filed two appeals before the ITAT, Chennai, for assessment years 2012-13 and 2013-14. The tax effect in both appeals was below Rs. 50 lacs.

What were the issues?

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

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’ BENCH: CHENNAI

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

For Respondent: Ms. R. Anita,JCIT, Ms. N.V.Lakshmi, CA
Hearing: 18.09.2019

आदेश / O R D E R

PER RAMIT KOCHAR, Accountant Member: These two appeals filed by Revenue are disposed of because the tax effect in these two appeals 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.

2.

The Ld. DR submitted that tax effect involved in each of these two appeals is less than Rs.50 lacs and these appeals are covered with CBDT circular No.17/2019 dated 08.08.2019 being a low tax effect appeals filed by the Revenue. The learned counsel for the assessee also submitted that these are low tax effect appeals filed by Revenue which are covered by aforesaid CBDT circular dated 08.08.2019

3.

The tax effect in these two appeals 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 these two appeal filed by Revenue due to low tax effect involved in these appeal which is below Rs.50 lacs in each of these two appeals. While disposing of these two appeals filed by Revenue due to low tax

1.

I.T.A. Nos.1651 & 1652/Chny/2019 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’s in both these appeals. However, at the same time we are granting liberty to Revenue that if at any stage Revenue wants to agitate the matter/issue in these two appeals in accordance with the clauses 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 these order. We order accordingly.

4.

In the result, these two appeals filed by Revenue are dismissed owing to low tax effect as indicated above.

Order pronounced in the open court on 18.09.2019.

Recent GST High Court judgments

Search GST case law →