JCIT IT(OSD) CORPORATE CIRCLE-2(2), CHENNAI vs. IGARASHI MOTORS INDIA LTD., CHENNAI

This is an appeal filed by the Revenue and the Cross Objection (CO) filed by the assessee-company directed against the order of the ITA No. 1616/19 :- 2 -: & CO 78/19 learned Commissioner of Income Tax (Appeals)-5, Chennai (hereinafter called as ‘CIT(A)’) dated 08.03.2019 for the assessment year (AY) 2011-2012.

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. 1616/19 :- 3 -: & CO 78/19 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.

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

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