DCIT, CHENNAI vs. M/S. ABAN OFFSHORE LTD., CHENNAI

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ITA 2518/CHNY/2016Status: DisposedITAT Chennai04 September 2018AY 2009-102 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The Tribunal, following the CBDT Circular No. 3/2018, held that appeals with a tax effect below Rs. 20 lakhs should be withdrawn. 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 the assessment year 2009-10. The tax effect in this appeal was less than Rs. 20 lakhs.

What were the issues?

Whether the Revenue can proceed with an appeal before the ITAT when the tax effect is below the threshold specified by the CBDT for withdrawal of appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI A. MOHAN ALANKAMONY

Hearing: 04.09.2018Pronounced: 04.09.2018

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)-1, Chennai, dated 28.06.2016 and pertains to assessment year 2009-10.

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.

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