THE ACIT, KOCHI vs. M/S.COCHIN AIRCRAFT MAINTENANCE CO. LTD, KOCHI

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ITA 117/COCH/2020Status: HeardITAT Cochin23 February 2022AY 2006-072 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 as per CBDT Circular No. 17/2019, appeals with a tax effect below Rs. 50 lakhs should not be filed before the ITAT. Therefore, the appeal was dismissed as not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for AY 2006-07. The tax effect in the appeal was less than Rs. 50 lakhs.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect and CBDT Circular No. 17/2019.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: Shri George Mathan, JM & Shri Ramit Kochar, AM

For Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Hearing: 23.02.2022Pronounced: 23.02.2022

This is an appeal filed by the Revenue against the order of the learned CIT(A)–1, Kochi in appeal No. ITA 3/R-I/E/CIT-(A)-I/2012-13 dated 16.12.2019 for AY 2006-07.

2.

At the very outset, it is observed that the tax effect in the appeal filed by the Revenue is less than Rs.50 lakhs, and therefore, the Circular No. 17/2019 dated 8th August, 2019, issued by the Central Board of Direct Taxes (CBDT) in exercise of its power vested under Sec. 268A of the I.T. Act comes into play, wherein, the monetary limit for filing the appeal(s) by the Revenue before the ITAT and various High Courts as well as Apex Court are revised with an object of reducing the tax litigation. Vide para 2 of the said circular (supra), it is stated that in cases where the tax effect in the appeal to be filed before the Appellate Tribunal does not exceed Rs. 50 lakhs, appeal should not be filed. Thus, taking a note of CBDT Circular No. 17/2019 dated 8th August, 2019 and considering the fact that the tax effect in the instant appeal is less than Rs.50 lakhs, the present appeal

2 M/s. Cochin Aircraft Maintenance Co. Ltd. deserves to be dismissed, as not maintainable. However, we make it clear that the issue(s) raised in the instant appeal is left open to be examined in the appropriate proceedings, if arises, in future. At the same time, we also make it clear that if the appeal falls in any of the exceptions referred to in the above said CBDT Circular, the Revenue is at liberty to move an application for recalling the order, if so, advised.

3.

Accordingly in the light of CBDT Circular No.17/2019 dated 08th August, 2019, the appeal stands dismissed.

Dictated and pronounced in the open Court on 23rd February, 2022.

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