ITO CORPORATE WARD 3(4), CHENNAI vs. VME REALTY PRIVATE LIMITED, CHENNAI

PDF · subscribers
ITA 1163/CHNY/2019Status: DisposedITAT Chennai29 August 2019AY 2012-132 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 noted that the tax effect was below the threshold specified in the CBDT circular. As the circular is binding on the Department's officers, the Revenue could not proceed with the appeal.

What were the facts?

The Revenue filed an appeal before the ITAT. At the time of hearing, it was submitted that the tax effect was below Rs. 50 lakhs, which is the monetary limit for appeals as per CBDT Circular No. 17/2019.

What were the issues?

Whether the Revenue's appeal should be dismissed based on the CBDT's monetary limit for appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI

Before: SHRI GEORGE MATHAN & SHRI S. JAYARAMAN

Hearing: 29.08.2019Pronounced: 29.08.2019

आदेश / O R D E R

Per S.JAYARAMAN, AM:

1.

The Revenue filed this appeal against the order of the learned Commissioner of Income Tax (Appeals)-11, Chennai in 18 dated 30.01.2019 for the assessment year 2012-13.

2.

At the time of hearing, the Ld.AR 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 Rs.50 lakhs. The Ld.DR on verification admitted 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.

Order pronounced in the open court on 29th August, 2019 at Chennai.

Recent GST High Court judgments

Search GST case law →