The Income-tax Officer, Ward 5, Tirunelveli v. B. Madan Mohan
[Citation -2019-LL-0910-3]

Citation 2019-LL-0910-3
Appellant Name The Income-tax Officer, Ward 5, Tirunelveli
Respondent Name B. Madan Mohan
Court ITAT-Chennai
Relevant Act Income-tax
Date of Order 10/09/2019
Assessment Year 2006-07
Judgment View Judgment
Keyword Tags monetary limit • low 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 F50 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. 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- 3 - ITA No.1917 CO147/17 application for recalling the order if so advised. Accordingly, in the light of CBDT circular No.17/2019 dated 08/08/2019, the appeal filed by the Revenue stands dismissed. Since the appeal of the Revenue is being dismissed, cross objection filed by the assessee has become infructuous. To summarize the results, appeal of the Revenue as well as cross objection of the assessee are dismissed.


IN INCOME TAX APPELLATE TRIBUNAL D BENCH CHENNAI [BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER]. I.T.A. No. 1917/CHNY/2017 & CO No.147/CHNY/2017 /Assessment year 2006-2007 Income Tax Officer, Vs. Shri. B. Madan Mohan, Ward 5, Partner ARAP Viswanathanadar & Co Tirunelveli. Timber Merchant, Piranoor Border, Shencottari, Tirunelveli 627 809. [PAN ADZPM1915C] (Appellant) Respondent Cross Objector) Department by Ms. R. Anitha, IRS, JCIT Assessee by Mr. T.Vasudevan, Advocate $ /Date of Hearing 29-08-2019 $ /Date of Pronouncement 10-09-2019 ORDER PER INTURI RAMA RAO, ACCOUNTANT MEMBER This is appeal filed by Revenue and Cross Objection (CO) filed by assessee directed against order of learned- 2 - ITA No.1917 & CO147/17 Commissioner of Income Tax (Appeals)-3, Madurai (hereinafter called as CIT(A) ) dated 15.05.2017 for assessment year (AY) 2006- 2007. 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 F50 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 an- 3 - ITA No.1917 & CO147/17 application for recalling order if so advised. Accordingly, in light of CBDT circular No.17/2019 dated 08/08/2019, appeal filed by Revenue stands dismissed. 3. Since appeal of Revenue is being dismissed, cross objection filed by assessee has become infructuous. 4. To summarize results, appeal of Revenue as well as cross objection of assessee are dismissed. Order pronounced on 10th day of September, 2019, at Chennai. Sd/- Sd/- (N.R.S. GANESAN) (INTURI RAMA RAO) /JUDICIAL MEMBER /ACCOUNTANT MEMBER /Chennai ) /Dated:10th September, 2019. KV Copy to: 1. Appellant 3. CIT(A) 5. DR 2. Respondent 4. 1 CIT 6. GF Income-tax Officer, Ward 5, Tirunelveli v. B. Madan Mohan
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