ACIT NON CORPORATE CIRCLE 1, COIMBATORE vs. P.ELANGO, COIMBATORE

PDF · subscribers
ITA 773/CHNY/2018Status: DisposedITAT Chennai03 September 2019AY 2010-113 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 mandates withdrawal of appeals with a tax effect below Rs. 50 lakhs, is binding on the Revenue. Consequently, the Revenue's appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT, and the assessee filed a cross-objection. The tax effect in the appeal was less than Rs. 50 lakhs.

What were the issues?

Whether the Revenue is bound by CBDT circulars regarding monetary limits for filing appeals before the ITAT.

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

Hearing: 03.09.2019Pronounced: 03.09.2019

Heard together (2 matters)

ITA No.773/Chny/2018
C.O. No.84/Chny/2018

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

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)-2, Coimbatore, dated 18.12.2017 and pertains to assessment year 2010-11. The assessee has filed a cross-objection against the very same order of the CIT(Appeals). Hence,

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.

3.

The assessee has filed the cross-objection only to support the order of the CIT(Appeals). Therefore, the cross-objection of the assessee becomes infructuous.

4.

In the result, both the appeal of the Revenue and the cross- objection of the assessee stand dismissed. Order pronounced in the open court on 3rd September, 2019 at Chennai.

Recent GST High Court judgments

Search GST case law →