What did the Tribunal hold?

The Tribunal noted that CBDT Circular No. 3/2018 instructs officers to withdraw appeals with a tax effect below ₹20 lakhs. Therefore, the Revenue could not proceed with the appeal.

The Revenue filed an appeal against the order of the CIT(A) for the assessment year 2013-14. Both parties agreed that 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Whether the Revenue's appeal should be withdrawn and dismissed based on the CBDT's monetary limit for appeals.

DCIT vs M/S Vestas Wind Technology India… | ITAT Chennai 2018

Income Tax Appellate Tribunal, ‘ A’ BENCH : CHENNAI

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

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

This appeal of the Revenue is directed against the order of the Commissioner of Income-tax (Appeals)-11, Chennai dated 27.11.2017 for the assessment year 2013-14.

When the appeal is taken up for hearing, both the representatives for the Revenue and the Counsel for the assessee very fairly submitted that the tax effect involved in this appeal 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 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.

Order pronounced in the open court after conclusion of hearing on 18th July, 2018, at Chennai.

DCIT CORPORATE CIRCLE 3 (2), CHENNAI vs. M/S VESTAS WIND TECHNOLOGY INDIA PVT LTD, CHENNAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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