What did the Tribunal hold?

The Tribunal held that the CBDT Circular No. 3/2018, instructing withdrawal of appeals with tax effect below ₹20 lakhs, is binding on the Revenue officers. Therefore, the Revenue could not proceed with the appeal.

The Revenue filed an appeal against the CIT(A)'s order for AY 2011-12. The assessee's representative pointed out that the tax effect was below ₹20 lakhs.

What were the issues?

Whether the Revenue is bound by CBDT circulars regarding the withdrawal of appeals based on tax effect.

ACIT vs Sree Daksha Property Developers… | ITAT Chennai 2018

Income Tax Appellate Tribunal, ‘ B’ BENCH : CHENNAI

Before: SHRI GEORGE MATHAN & SHRI A.MOHAN ALANKAMONY

आदेश / O R D E R

PER GEORGE MATHAN, JUDICIAL MEMBER

This is an appeal filed by the Revenue against the order of the Commissioner of Income-tax (Appeals)-18, Chennai in appeal No.79/16-17 dated 31.05.2017 for the assessment year 2011-12.

None represented on behalf of the Revenue, and Mr.S.Sridhar represented on behalf of the Assessee.

3. When the appeal is taken up for hearing, the representative for the Assessee submitted that the tax effect involved in this appeal is less than `20 lakhs. It was a submission that the CBDT in its latest 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, the appeal filed by the Revenue stands dismissed.

In the result, the appeal filed by the Revenue is dismissed.

ACIT, CENTRAL CIRCLE -2, COIMBATORE vs. SREE DAKSHA PROPERTY DEVELOPERS, COIMBATORE

What did the Tribunal hold?

What were the facts?

What were the issues?

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