ACIT CENTRAL CIRCLE 2 (1), CHENNAI vs. SHRI. NNA AZEEZ, CHENNAI

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ITA 1091/CHNY/2018Status: DisposedITAT Chennai27 September 2018AY 2003-042 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 instructed officers to withdraw appeals with a tax effect below Rs. 20 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) for the assessment year 2003-04. The tax effect in the appeal was less than Rs. 20 lakhs.

What were the issues?

Whether the appeal filed by the Revenue should be withdrawn based on the CBDT circular regarding tax effect.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B (SMC

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

For Respondent: Shri B. Sagadevan, JCIT
Hearing: 24.09.2018Pronounced: 27.09.2018

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)-18, Chennai in & 320/06-07 dated 14.12.2017 for assessment year 2003-04.

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 Thursday, the 27th day of September, 2018 at Chennai.

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