The Deputy Commissioner of Income-tax, Corporate Circle- 2(1), Chennai v. FL Smidth Pvt. Ltd
[Citation -2019-LL-0828-189]

Citation 2019-LL-0828-189
Appellant Name The Deputy Commissioner of Income-tax, Corporate Circle- 2(1), Chennai
Respondent Name FL Smidth Pvt. Ltd.
Court ITAT-Chennai
Relevant Act Income-tax
Date of Order 28/08/2019
Assessment Year 2011-12
Judgment View Judgment
Keyword Tags monetary limit • tax effect
Bot Summary: 268A(1) of the IT Act comes into play wherein, the monetary limit for filing the appeal by the Revenue before the ITAT and various High Courts as well as Apex Court are revised with an object of the reducing the tax litigation. Vide para 3 of the said circular it is stated that in cases where the tax effect in the appeals to be filed before the Appellate Tribunal does not exceed E50 lakhs appeals should not be filed. Thus taking a note of CBDT Circular No. 17/2019, dated 08.08.2019 and considering the fact that the tax effect in the instant appeal is less than Rs.50 lakhs, the present appeal deserves to be dismissed as not pressed / not maintainable. We make it clear that the issues 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 fall 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. Accordingly, in the light of CBDT circular No.17/2019 dated 08/08/2019 the appeal stands dismissed. In the result, the appeal of the Revenue stands dismissed.


IN INCOME TAX APPELLATE TRIBUNAL B BENCH : CHENNAI [BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER] I.T.A. No.1548/CHNY/2017 /Assessment year : 2011-2012. Deputy Commissioner of Vs. M/s. FL Smidth Pvt. Ltd, Income Tax, No.34, Rajiv Gandhi Salai, Corporate Circle 2(1) Egatoor, Chennai 600034. Kelambakkam, Chennai 603 103. [PAN AAACF4997N] (Appellant) ( Respondent) Appellant by : Ms. R. Anitha, IRS, JCIT. & Respondent by : Shri.G. Baskar, Advocate Date of Hearing : 28-08-2019 Date of Pronouncement : 28-08-2019 ORDER PER INTURI RAMA RAO, ACCOUNTANT MEMBER This appeal is filed by Revenue against order of ld. Commissioner of Income Tax (Appeals)-6, Chennai (hereinafter as CIT(A) ) dated 13.04.2017 for Assessment Year (AY) 2011-12. :- 2 -: ITA No.1548/2017 2. It is stated before us that tax effect in this case is less than Rs.50 lakhs and therefore, Circular No. 17/2019 dated 08.08.2019 issued by Central Board of Direct Taxes (CBDT) in exercise of its power vested under Sec. 268A(1) of IT Act comes into play wherein, monetary limit for filing appeal by Revenue before ITAT and various High Courts as well as Apex Court are revised with object of reducing tax litigation. Vide para 3 of said circular (supra) it is stated that in cases where tax effect in appeals to be filed before Appellate Tribunal does not exceed E50 lakhs appeals should not be filed. Thus taking note of CBDT Circular No. 17/2019, dated 08.08.2019 and considering fact that tax effect in instant appeal is less than Rs.50 lakhs, present appeal deserves to be dismissed as not pressed / not maintainable. However, we make it clear that issues raised in instant appeal is left open to be examined in appropriate proceedings, if arises, in future. At same time, we also make it clear that if appeal fall in any of exceptions referred to in above said CBDT Circular, Revenue is at liberty to move application for recalling order if so advised. Accordingly, in light of CBDT circular No.17/2019 dated 08/08/2019 appeal stands dismissed. :- 3 -: ITA No.1548/2017 3. In result, appeal of Revenue stands dismissed. Order pronounced on 28th day of August, 2019, at Chennai. Sd/- Sd/- (N.R.S. GANESAN) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER Chennai Dated:28th August, 2019. KV & 0 1 2 1 Copy to: 1. Appellant 3. 3 CIT(A) 5. 1 & 7 /DR 2. & Respondent 4. 3 CIT 6. GF Deputy Commissioner of Income-tax, Corporate Circle- 2(1), Chennai v. FL Smidth Pvt. Ltd
Report Error