The Income-tax Officer, Ward- 1(3), Kochi v. Lumier Film Company
[Citation -2019-LL-0904-29]

Citation 2019-LL-0904-29
Appellant Name The Income-tax Officer, Ward- 1(3), Kochi
Respondent Name Lumier Film Company
Court ITAT-Cochin
Relevant Act Income-tax
Date of Order 04/09/2019
Assessment Year 2008-09
Judgment View Judgment
Keyword Tags monetary limit • tax effect
Bot Summary: PAN : AACFL9719R. Appellant by : Smt.A.S.Bindhu, Sr.DR Respondent by : Sri.Prasanth Sreenivas Date of Date of Hearing : 04.09.2019 Pronouncement : 04.09.2019 ORDER Per George George K, JM This appeal at the instance of the Revenue is directed against the order of the Commissioner of Income-tax s dated 13.12.2016. It is observed that the tax effect in the appeal filed by the Revenue is less than Rs.50 lakh, and therefore, the Circular No. 17/2019 dated 8th August, 2019, issued by the Central Board of Direct Taxes in exercise of its power vested under Sec. 2 of the said circular, 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 lakh, 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 lakh, the present appeal deserve to be dismissed, as not maintainable. 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 08th August, 2019, the appeal stands dismissed. In the result, the appeal filed by the Revenue is dismissed.


IN INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Chandra Poojari, AM & Shri George George K, JM ITA No.62/Coch/201 7 : Asst.Year 2008-2009 Income Tax Officer M/s.Lumier Film Ward 1(3) Vs. Company, Villa No.16 Kochi. Kings Brook, Maradu PO Kochi 682 304. PAN : AACFL9719R. (Appellant) (Respondent) Appellant by : Smt.A.S.Bindhu, Sr.DR Respondent by : Sri.Prasanth Sreenivas Date of Date of Hearing : 04.09.2019 Pronouncement : 04.09.2019 ORDER Per George George K, JM This appeal at instance of Revenue is directed against order of Commissioner of Income-tax (Appeals) s dated 13.12.2016. relevant assessment year is 2008-2009. 2. It is observed that tax effect in appeal filed by Revenue is less than Rs.50 lakh, and therefore, Circular No. 17/2019 dated 8th August, 2019, issued by Central Board of Direct Taxes (CBDT) in exercise of its power vested under Sec. 268A of I.T. Act comes into play, wherein, monetary limit for filing appeal(s) by Revenue before ITAT and various High Courts as well as Apex Court are revised with object of reducing tax litigation. Vide para 2 ITA No.62/Coch/2017 M/s.Lumier Film Company. 2 of said circular (supra), it is stated that in cases where tax effect in appeal to be filed before Appellate Tribunal does not exceed Rs. 50 lakh, appeal should not be filed. Thus, taking note of CBDT Circular No. 17/2019 dated 8th August, 2019 and considering fact that tax effect in instant appeal is less than Rs.50 lakh, present appeal deserve to be dismissed, as not maintainable. However, we make it clear that issue(s) 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. 3. Accordingly in light of CBDT Circular No.17/2019 dated 08th August, 2019, appeal stands dismissed. 4. In result, appeal filed by Revenue is dismissed. Order pronounced on this 04th day of September, 2019. Sd/- Sd/- (Chandra Poojari) (George George K) ACCOUNTANT MEMBER JUDICIAL MEMBER Cochin ; Dated : 04th September, 2019. Devdas* 3 ITA No.62/Coch/2017 M/s.Lumier Film Company. Copy of Order forwarded to : 1. Appellant 2. Respondent. 3. CIT-II, Kochi. 4. CIT(Appeals)-II, Kochi. 5. DR, ITAT, Cochin 6. Guard file. BY ORDER, (Asstt. Registrar) ITAT, Cochin Income-tax Officer, Ward- 1(3), Kochi v. Lumier Film Company
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