ITO, CHENNAI vs. G.SUBBULAKSHMI, CHENNAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that CBDT Circular No. 21/2015 instructs withdrawal of appeals with a tax effect below ₹10 lakhs. Following this circular, the Tribunal held that the Revenue could not proceed with these appeals.
What were the facts?
The Revenue filed three appeals before the ITAT, Chennai, concerning different assessees and assessment years. The tax effect in all these appeals was below ₹10 lakhs.
What were the issues?
Whether appeals with a tax effect below the threshold specified by CBDT circular should be withdrawn or dismissed.
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
Heard together (3 matters)
Read from the judgment's own cause title. This page is filed under one of them.
आदेश /O R D E R
PER N.R.S. GANESAN, JUDICIAL MEMBER:
All the three appeals of the Revenue are directed against the respective orders of the Commissioner of Income Tax (Appeals) and relate to three different assessees.
On hearing Ld. Departmental Representative, we find that the tax effect in all the three appeals is less than `10 lakhs. The CBDT in its Circular No.21/2015 dated 10.12.2015 instructed its officers to withdraw all the appeals pending before the ITAT where the tax effect is less than `10 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 all these appeals. Accordingly, all the three appeals are dismissed.
In the result, all the three appeals filed by the Revenue are dismissed.
Order pronounced in the open court on 17th December, 2015 at Chennai.
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