ITO CORPORATE WARD 2(1), CHENNAI vs. ESKAY CARTONS (P) LTD., CHENNAI

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ITA 1638/CHNY/2017Status: DisposedITAT Chennai22 August 2019AY 2005-062 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 CBDT Circular No. 17/2019 mandates withdrawal of appeals with a tax effect below Rs. 50 lakhs. Therefore, the Revenue could not proceed with the appeal.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). During the hearing, it was established 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 CBDT's monetary limit for appeals pending before the ITAT.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI S. JAYARAMAN

Hearing: 22.08.2019Pronounced: 22.08.2019

आदेश / O R D E R

PER S. JAYARAMAN, ACCOUNTANT MEMBER:

1.

The Revenue filed this appeal against the order of the learned Commissioner of Income Tax (Appeals)-9, Chennai in 9/2007-08 dated 31.03.2017 for the assessment year 2005-06.

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 monetary

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 22nd August, 2019 at Chennai.

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