ACIT CENTRAL CIRCLE 2(2), CHENNAI vs. SRI RENGA ENTERPRISES, TRICHY

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ITA 3123/CHNY/2017Status: DisposedITAT Chennai09 August 2018AY 2012-133 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 withdrawal of appeals with a tax effect below ₹20 lakhs. Therefore, the Revenue could not proceed with these appeals.

What were the facts?

The Revenue filed three appeals before the ITAT against the orders of the CIT(A). The tax effect involved in these appeals was less than ₹20 lakhs.

What were the issues?

Whether the Revenue should withdraw appeals pending before the ITAT when the tax effect is below a specified limit as per CBDT circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘ A’ BENCH : CHENNAI

Before: SHRI GEORGE MATHAN & SHRI S.JAYARAMAN

आदेश / O R D E R PER BENCH:

1.

These three of appeals are filed by the Revenue against the separate orders of the Commissioner of Income Tax (Appeals)-18 to 3123/Chny/2017 :- 2 -:

Chennai in appeal No.736/15-16 dated 14.09.2017 for assessment year 2008-09, and in appeal Nos.405 & 995/15-16 dated 14.09.2017 for assessment years 2011-12 & 2012-13.

2.

Since the assessee is common in all these appeals, these three appeals are clubbed together, heard together, disposed off by this common order for the sake of convenience.

3.

Shri AR.V.Srinivasan represented on behalf of the Revenue, and Shri Y.Sridhar represented on behalf of the Assessee.

4.

When the appeals are taken up for hearing, the representative for the Revenue and Authorised Representative of assessee very fairly submitted that the tax effect involved in these appeals is less than `20 lakhs. 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 to 3123/Chny/2017 :- 3 -:

Revenue cannot proceed further in these three appeals. Accordingly, the appeals filed by the Revenue stand dismissed.

5.

In the result, all these three appeals filed by the Revenue are dismissed.

Order pronounced in the open court after conclusion of hearing on 09th August, 2018, at Chennai.

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