M/S ASHOK LEYLAND LIMITED (FORMERLY ASHLEY INVESTMENT LIMITED), CHENNAI V. DCIT CORPORATE CIRCLE 1 (1), CHENNAI

CO 111/CHNY/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 6098 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 5 month(s) 7 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 06-02-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 29-08-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R ANITHA
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , D BENCH, CHENNAI , . , BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI DUVVURU RL REDDY, JUDICIAL MEMBER ./ I.T.A.NO.1733/CHNY/2018 & C.O.NO. 111/CHNY/2018 [IN I.T.A. NO.1733/CHNY/2018] ( [ [ / ASSESSMENT YEAR: 2007-08) THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1(1), CHENNAI. VS M/S. ASHOK LEYLAND LIMITED (FORMERLY ASHLEY INVESTMENT LIMITED) 1, SARDAR PATEL ROAD, GUINDY, CHENNAI - 32 PAN: AA ACA9311K ( /APPELLANT) ( /RESPONDENT) /REVENUE BY : MS. R. ANITHA, JCIT /ASSESSEE BY : SHRI SAROJ KUMAR PARIDA, ADVOCATE /DATE OF HEARING : 06.02.2020 /DATE OF PRONOUNCEMENT : 06.02.2020 / O R D E R PER INTURI RAMA RAO, ACCOUNTANT MEMBER : THIS APPEAL FILED BY THE REVENUE AND THE CROSS OBJECTION FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-1, CHENNAI DATED 28.02.2018 FOR ASSESSMENT YEAR 2007-2008. 2 I.T.A. NO. 1733/CHNY/2018 C.O. NO.111/CHNY/2018 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN THIS CASES IS LESS THAN RS. 50 LAKHS AND THEREFORE, THE CIRCULAR NO. 17/2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 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 (SUPRA) IT IS STATED THAT IN CASES WHERE THE TAX EFFECT IN THE APPEALS TO BE FILED BEFORE THE APPELLATE TRIBUNAL DOES NOT EXCEED RS. 50 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. HOWEVER, 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 FILED BY THE REVENUE STANDS DISMISSED. 3 I.T.A. NO. 1733/CHNY/2018 C.O. NO.111/CHNY/2018 3. SINCE WE HAVE DISMISSED THE APPEAL FILED BY THE REVENUE ON MONETARY LIMITS, THE CROSS OBJECTION FILED BY THE ASSESSEE HAS BECOME INFRUCTUOUS. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE AS WELL AS THE CROSS OBJECTION FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE COURT ON 6 TH FEBRUARY, 2020 AT CHENNAI. SD/- SD/- ( ) (DUVVURU R.L REDDY) / JUDICIAL MEMBER ( ) (INTURI RAMA RAO) /ACCOUNTANT MEMBER /CHENNAI, /DATED, THE 6 TH FEBRUARY, 2020. RSR /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. [ /GF