DCIT, CHENNAI V. Rane Engine Valve Ltd., CHENNAI

ITA 1442/CHNY/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8398 (ITAT-CHENNAI)
• Duration Of Justice: 4 year(s) 2 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-08-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 05-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R ANITA
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B B ENCH, CHENNAI . , . , % BEFORE SHRI V.DURGA RAO , JUDICIAL MEMBER AND SHRI G.MANJUNATHA, ACCOUNTANT MEMBER ./ I.T.A.NOS.1442, 1444, 1443 & 1445/CHNY/2017 ( / ASSESSMENT YEARS: 2010-11, 2011-12, 2010-11 & 2012- 13) THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-5(1), CHENNAI-600 034. VS M/S.RANE ENGINE VALVE LTD. MAITHRI, NO.132, CATHEDRAL ROAD, CHENNAI-600 018. PAN: AAACT 1279M ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MS. R.ANITA, JCIT /RESPONDENT BY : MR. VIKRAM VIJAYARAGHAVAN, ADVOCATE ! /DATE OF HEARING : 17.08.2021 ! /DATE OF PRONOUNCEMENT : 17.08.2021 / O R D E R PER BENCH: THESE FOUR APPEALS FILED BY THE REVENUE ARE DIRECT ED AGAINST COMMON ORDER PASSED BY THE LEARNED CIT(A)- 3, CHENNAI ALL DATED 28.02.2017 AND PERTAIN TO RELEVA NT ASSESSMENT YEARS. 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN TH E ABOVE APPEALS IS LESS THAN RS. 50 LAKHS AND THEREFORE, TH E CIRCULAR NO. 17 OF 2019 DATED 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 B Y THE REVENUE BEFORE THE ITAT AND VARIOUS HIGH COURTS AS WELL AS APEX COURT 2 ITA NO. 1442 TO 1445/CHNY/2017 ARE REVISED WITH AN OBJECT OF THE REDUCING THE TAX LITIGATION. IN THE SAID CIRCULAR, IT IS STATED THAT IN CASES WHER E THE TAX EFFECT IN THE APPEAL TO BE FILED BEFORE THE APPELLATE TRIBUNA L DOES NOT EXCEED RS. 50 LAKHS APPEALS SHOULD NOT BE FILED. TH US, TAKING NOTE OF CBDT CIRCULAR NO. 17 OF 2019 DATED 08.08.20 19 AND CONSIDERING THE FACT THAT THE TAX EFFECT IN THE INS TANT APPEALS IS LESS THAN RS. 50 LAKHS, THE PRESENT APPEALS DESERVE TO BE DISMISSED AS NOT PRESSED / NOT MAINTAINABLE. HOWEVE R, 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. ACCORDINGL Y, IN THE LIGHT OF CBDT CIRCULAR NO. 17 OF 2019 DATED 08.08.2019, ALL THE FOUR APPEALS STAND DISMISSED. 3. IN THE RESULT, FOUR APPEALS FILED BY THE REVEN UE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH AUGUST, 2021 SD/- SD/- ( . ) ( . ) (V.DURGA RAO) ( G.MANJUNATHA ) % ' / JUDICIAL MEMBER ' / ACCOUNTANT MEMBER 3 ITA NO. 1442 TO 1445/CHNY/2017 % /CHENNAI, * /DATED 17 TH AUGUST, 2021 DS ,- .- /COPY TO: 1. APPELLANT 2. RESPONDENT 3. / () /CIT(A) 4. / /CIT 5. - 3 /DR 6. /GF .