ACIT NON CORPORATE CIRCLE 10 (1), CHENNAI vs. M/S LAKSHMI NARAYAN CONSTRUCTIONS, CHENNAI

PDF · subscribers
ITA 1735/CHNY/2018Status: DisposedITAT Chennai10 October 2018AY 2014-152 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. 3/2018 instructs officers to withdraw appeals where the tax effect is below ₹20 lakhs. Following this circular, the Tribunal held that 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) for the assessment year 2014-15. The tax effect in the appeal was less than ₹20 lakhs.

What were the issues?

Whether the Revenue's appeal should be withdrawn and dismissed based on the CBDT's monetary limit for appeals.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 N.R.S. GANESAN & SHRI S. JAYARAMAN

Hearing: 10.10.2018Pronounced: 10.10.2018

आदेश /O R D E R

PER N.R.S. GANESAN, JUDICIAL MEMBER:

1.

This appeal of the Revenue is directed against the order of the Commissioner of Income Tax (Appeals)-12, Chennai, dated 16.03.2018 and pertains to assessment year 2014-15.

2.

On hearing the Ld. Departmental Representative, we find that the tax effect in this case is less than `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 `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.

Recent GST High Court judgments

Search GST case law →