DCIT CORPORATE CIRCLE 1(1), CHENNAI vs. ALLIED INVESTMENT AND HOUSING PVT LTD., CHENNAI

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ITA 2097/CHNY/2018Status: DisposedITAT Chennai27 November 2018AY 2013-142 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 CBDT Circular No. 3/2018, which instructs officers to withdraw appeals with a tax effect below Rs. 20 lakhs, is binding. Therefore, the Revenue could not proceed with the appeal.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for assessment year 2013-14. The tax effect in the appeal was less than Rs. 20 lakhs.

What were the issues?

Whether the Revenue's appeal should be withdrawn and dismissed based on CBDT circulars regarding tax effect.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, CHENNAI

Before: SHRI GEORGE MATHAN & SHRI S. JAYARAMAN

For Respondent: Shri. AR. V. Sreenivasan, JCIT
Hearing: 27.11.2018Pronounced: 27.11.2018

आदेश/ O R D E R

PER S. JAYARAMAN, ACCOUNTANT MEMBER :

1.

The Revenue filed this appeal against the order of Commissioner of Income Tax (Appeals)-1, Chennai in dated 24.04.2018 for assessment year 2013- 14.

2.

On hearing the Ld. DR, we find that the tax effect in this case is less than Rs. 20 lakhs. The CBDT in its Circular No. 3/2018 dated 11.07.2018 instructed its officers to withdraw all the appeals pending before the ITAT where the tax effect is less than Rs. 20 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.

In the result, the Revenue’s appeal is dismissed.

Order pronounced in the open court on 27th November, 2018 at Chennai.

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