DCIT CIRCLE 2(1), TRICHY vs. G.KARTHIK, ERODE

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ITA 3008/CHNY/2018Status: DisposedITAT Chennai16 September 2019AY 2011-122 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 CBDT Circular No. 17/2019, which instructs to withdraw appeals with a tax effect below Rs. 50 lakhs, is binding on the Revenue's officers. Therefore, the appeal could not proceed.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(Appeals). Both the Revenue and the assessee agreed that the tax effect in the appeal was below Rs. 50 lakhs.

What were the issues?

Whether the Revenue's appeal should be dismissed based on the monetary limit prescribed by CBDT Circular No. 17/2019 for pending appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI

Before: SHRI DUVVURU RL REDDY & SHRI S JAYARAMAN

Hearing: 16.09.2019Pronounced: 16.09.2019

आदेश / O R D E R PER SHRI S JAYARAMAN, ACCOUNTANT MEMBER: The Revenue filed this appeal against the Order of the Commissioner of Income Tax (Appeals)-1, Tiruchirapalli, in dated 14.08.2018 for assessment year 2011-12.

2.

At the time of hearing, the Ld. DR 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. AR also submitted 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.

1.

Order pronounced in the open Court after conclusion of hearing on the 16th September, 2019 in Chennai.

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