P.Palaniswamy, Erode V. ITO, Erode

CO 48/CHNY/2016

AI Insights

The case involves multiple appeals and cross-objections related to the assessment year 2006-07, concerning two assessees, Shri P. Palaniswamy and Smt. P. Thillaikarasi, against the orders of the Commissioner of Income Tax (Appeals)-3, Coimbatore. The appeals were primarily focused on the tax assessments made by the Income Tax Department. However, due to the monetary limit set by the CBDT Circular No.17 of 2019, which restricts appeals by the Revenue to those involving a tax effect exceeding Rs.50 lakhs, the appeals were dismissed as not maintainable. Additionally, the assessees' counsel requested the withdrawal of their respective appeals and cross-objections, which was granted by the tribunal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 127906 (ITAT-CHENNAI)
• Duration Of Justice: 7 year(s) 5 month(s) 15 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 20-09-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 20-09-2023
• Assessment Year: 2006-2007
• Appeal Filed On: 04-04-2016
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

आयकर अपील सं./ITA No.189/Chny/2016 िनधा रण वष /Assessment Year: 2006-07 Shri P. Palaniswamy, 39, Chinnamuthu 3 rd Street, Erode-638 011 v. The Dy. Commissioner- of Income Tax, Circle-1, Erode. [PAN: AIVPP 3231 D] (अपीलाथ /Appellant) ( यथ /Respondent) आयकर अपील सं./ITA Nos.350/Chny/2016 िनधा रण वष /Assessment Year: 2006-07 & CO No.48/Chny/2016 (in ITA No.350/Chny/2016) िनधा रण वष /Assessment Year: 2006-07 The Asst. Commissioner of- Income Tax, Circle-1, Erode. v. Shri P. Palaniswamy, 39, Chinnamuthu 3 rd Street, Erode-638 011 [PAN: AIVPP 3231 D] (अपीलाथ /Appellant) ( यथ /Respondent/Cross- Objector) आयकर अपील सं./ITA Nos.348/Chny/2016 िनधा रण वष /Assessment Year: 2006-07 & CO No.47/Chny/2016 (in ITA No.348/Chny/2016) िनधा रण वष /Assessment Year: 2006-07 The Income Tax Officer, Ward-1(4), Erode. v. Smt.P.Thillaikarasi, No.39, Chinnamuthu Street, E.K.Valasu, Erode-638 011. [PAN: ACVPT 0652 J] (अपीलाथ /Appellant) ( यथ /Respondent/Cross- Objector) आयकर अपीलीय अिधकरण, ‘बी’ यायपीठ, चे ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH: CHENNAI ी मंजूनाथा .जी, लेखा सद एवं ी मनोमोहन दास, ाियक सद के सम BEFORE SHRI MANJUNATHA. G, HON’BLE ACCOUNTANT MEMBER AND SHRI MANOMOHAN DAS, HON’BLE JUDICIAL MEMBER ITA No.189 & 350/Chny/2016 CO No.48/Chny/2016 & ITA No.348/Chny/2016 CO No.47/Chny/2016 :: 2 :: Assessee by : Mr.S.Sridhar, Adv. (Erode) Department by : Mr.D.Hema Bhupal, JCIT सुनवाई क तारीख/Date of Hearing : 21.09.2023 घोषणा क तारीख /Date of Pronouncement : 21.09.2023 आदेश / O R D E R PER BENCH: ITA No.189/Chny/2016 filed by the assessee (Shri P.Palaniswamy) & ITA No.350/Chny/2016 filed by the Revenue (in the case of Shri P.Palaniswamy) are directed against the order of the Commissioner of Income Tax (Appeals)-3, Coimbatore, dated 16.11.2015 and pertains to assessment year 2006-07 and CO No.48/Chny/2016 filed by the assessee ( Shri P.Palaniswamy) in ITA No.350/Chny/2016 pertains to AY 2006-07. 2. ITA No.348/Chny/2016 filed by the Revenue (in the case of Smt.P.Thillaikarasi) is directed against the order of the Commissioner of Income Tax (Appeals)-3, Coimbatore, dated 23.11.2015 and pertains to assessment year 2006-07 and CO No.47/Chny/2016 filed by the assessee (Smt.P.Thillaikarasi) in ITA No. 348/Chny/2016 pertains to AY 2006-07. Revenue appeals 3. It is stated before us that the tax effect in the above appeal is less than Rs.50 lakhs and therefore, the Circular No.17 of 2019 dated ITA No.189 & 350/Chny/2016 CO No.48/Chny/2016 & ITA No.348/Chny/2016 CO No.47/Chny/2016 :: 3 :: 08.08.2019 issued by the Central Board of Direct Taxes (CBDT) in exercise of its power vested under section 268A(1) of the Income Tax Act, 1961 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. In the said Circular, it is stated that in case 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 note of CBDT Circular No.17 of 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 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. Accordingly, in the light of CBDT circular No.17 of 2019 dated 08.08.2019, both the appeals filed by the Revenue (in ITA No.350/Chny/2016 & ITA No.348/Chny/2016) are dismissed. Assessee’s appeal 4. When the appeals as well as Cross-Objections (for both assessees) were taken up for hearing, the ld.Counsel for the assessee has submitted ITA No.189 & 350/Chny/2016 CO No.48/Chny/2016 & ITA No.348/Chny/2016 CO No.47/Chny/2016 :: 4 :: that the assessee has instructed him to withdraw the appeal as well as Cross-Objections of both the assessees, and therefore, prayed that assessee may be permitted to withdraw its appeal as well as Cross- Objections, and same may be dismissed as withdrawn, against which, the ld.DR has not raised any serious objection. Accordingly, the appeal as well as Cross-Objections (filed by both the assessees) are dismissed as withdrawn. 5. In the result, appeals filed by the Revenue in ITA No.350/Chny/2016, ITA No.348/Chny/2016, appeal filed by the assessee in ITA No.189/Chny/2016 as well as Cross-Objections filed by the assessee in CO No.48/Chny/2016 & CO No.47/Chny/2016 are dismissed. Order pronounced on the 21 st day of September, 2023, in Chennai. Sd/- (मनोमोहन दास) (MANOMOHAN DAS) ाियक सद /JUDICIAL MEMBER Sd/- (मंजूनाथा.जी) (MANJUNATHA.G) लेखा सद /ACCOUNTANT MEMBER चे ई/Chennai, दनांक/Dated: 21 st September, 2023. TLN आदेश क ितिलिप अ ेिषत/Copy to: 1. अपीलाथ /Appellant 3. आयकर आयु"/CIT 5. गाड फाईल/GF 2. यथ /Respondent 4.िवभागीय ितिनिध/DR