ITO CORPORATE WARD 4 (3), CHENNAI vs. M/S KAIZEN COLD FORMED STEEL PRIVATE LIMITED, CHENNAI

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ITA 1580/CHNY/2018Status: DisposedITAT Chennai29 October 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 the CBDT circular instructing withdrawal of appeals with tax effect below Rs. 20 lakhs is binding on revenue officers. Therefore, the appeal could not proceed.

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 case was less than Rs. 20 lakhs.

What were the issues?

Whether the revenue appeal should be dismissed based on CBDT circular regarding tax effect threshold for appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, CHENNAI

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

Hearing: 01.10.2018Pronounced: 29.10.2018

आदेश/ O R D E R

PER S. JAYARAMAN, ACCOUNTANT MEMBER:

1.

The Revenue filed this appeal against the order of the Commissioner of Income Tax (Appeals)-8, Chennai in dated 01.03.2018 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 on Monday, the 29th day of October, 2018 at Chennai.

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