ITO WARD 5, TIRUNELVELI vs. B.MADAN MOHAN, TIRUNELVELI

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ITA 1917/CHNY/2017Status: DisposedITAT Chennai10 September 2019AY 2006-073 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 Revenue's appeal as not maintainable, following CBDT Circular No. 17/2019 which mandates that appeals with a tax effect below Rs. 50 lakhs should not be filed. The assessee's cross-objection was rendered infructuous.

What were the facts?

The Revenue filed an appeal and the assessee filed a cross-objection against the CIT(A)'s order for AY 2006-2007. The tax effect in the appeal was less than Rs. 50 lakhs.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect and the applicability of CBDT Circular No. 17/2019.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’ BENCH : CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI INTURI RAMA RAO]

For Respondent: Ms. R. Anitha, IRS, JCIT, Mr. T.Vasudevan, Advocate

Heard together (2 matters)

I.T.A. No. 1917/CHNY/2017
CO No.147/CHNY/2017

Read from the judgment's own cause title. This page is filed under one of them.

आदेश / O R D E R

PER INTURI RAMA RAO, ACCOUNTANT MEMBER

1.

This is an appeal filed by the Revenue and the Cross Objection (CO) filed by the assessee directed against the order of the learned

ITA No.1917 & CO147/17 :- 2 -:

Commissioner of Income Tax (Appeals)-3, Madurai (hereinafter called as ‘CIT(A)’) dated 15.05.2017 for the assessment year (AY) 2006- 2007.

2.

It is stated before us that the tax effect in this case is less than Rs.50 lakhs and therefore, the Circular No. 17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes (CBDT) in exercise of its power vested under Sec. 268A(1) of the IT Act comes into play wherein, the monetary limit for filing the appeal by the Revenue before the ITAT and various High Courts as well as Apex Court are revised with an object of the reducing the tax litigation. Vide para 3 of the said circular (supra) it is stated that in cases where the tax effect in the appeals to be filed before the Appellate Tribunal does not exceed �50 lakhs appeals should not be filed. Thus taking a note of CBDT Circular No. 17/2019, dated 08.08.2019 and considering the fact that the tax effect in the instant appeal is less than Rs.50 lakhs, the present appeal deserves to be dismissed as not pressed / not maintainable. However, we make it clear that the issues raised in the instant appeal is left open to be examined in the appropriate proceedings, if arises, in future. At the same time, we also make it clear that if the appeal fall in any of the exceptions referred to in the above said CBDT Circular, the Revenue is at liberty to move an ITA No.1917 & CO147/17 :- 3 -:

application for recalling the order if so advised. Accordingly, in the light of CBDT circular No.17/2019 dated 08/08/2019, the appeal filed by the Revenue stands dismissed.

3.

Since the appeal of the Revenue is being dismissed, cross objection filed by the assessee has become infructuous.

4.

To summarize the results, appeal of the Revenue as well as cross objection of the assessee are dismissed.

Order pronounced on 10th day of September, 2019, at Chennai.

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