The ACIT, Kottayam V. Sri.Raju sebastian, Kottayam

ITA 156/COCH/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 2374 (ITAT-COCHIN)
• Duration Of Justice: 2 year(s) 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 08-08-2019
• Assessment Year: 2007-2008
• Appeal Filed On: 01-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRASANTH SREENIVAS
• Assessee Lawyers: A S BINDHU
• Keywords: Tax effect
• Section: 268A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI CHANDRA POOJAR I, AM & SHRI GEORGE GEORGE K, JM ITA NO. 156 /COCH/201 7 : ASST.YEAR 2007 - 2008 ITA NO. 157 /COCH/201 7 : ASST.YEAR 2008 - 2009 THE ASST.COMMISSIONER OF INCOME - TAX, CIRCLE 1 KOTTAYAM. VS. SRI.RAJU SEBASTIAN POOVELIL HOUSE KOZHAPARAYARU P.O. POOVARANI, MEENACHIL TAL. KOTTAYAM PAN : AIGPR1170A . (APPELLANT) (RESPONDENT) APPELLANT BY : SMT.A.S.BINDHU, SR.DR RESPONDENT BY : SRI.PRASANTH SREENIVAS DATE OF HEARING : 04 .0 9 .2018 DATE OF PRONOUNCEMENT : 04 .09 .2019 O R D E R PER GEORGE GEORGE K, JM THESE APPEALS AT THE INSTANCE OF THE REVENUE ARE DIRECTED AGAINST THE COMMON ORDER OF THE COMMISSIONER OF INCOME - TAX (APPEALS)S DATED 03.03.2017 . THE RELEVANT ASSESSMENT YEAR S ARE 2007 - 2008 AND 2008 - 2009. 2. IT IS OBSERVED THAT THE TAX EFFECT IN THESE APPEAL S FILED BY THE REVENUE IS LESS THAN RS.50 LAKH , AND THEREFORE , THE CIRCULAR NO. 17 /201 9 DATED 8 TH AUGUST, 2019, ISSUED BY THE CENTRAL BOARD O F DIRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 268A OF THE I.T. ACT COMES INTO PLAY, WHEREIN, THE MONETARY LIMIT FOR FILING THE APPEAL ( S ) BY THE REVENUE BEFORE THE ITAT AND VARIOUS HIGH COURTS AS WELL AS ITA NO S . 156 - 157 / COCH /201 7 SRI.RAJU SEBASTIAN . 2 APEX COURT ARE REVISED WITH AN OBJ ECT OF REDUCING THE TAX LITIGATION. VIDE PARA 2 OF THE SAID CIRCULAR (SUPRA) , IT IS STATED THAT IN CASES WHERE THE TAX EFFECT IN THE APPEAL TO BE FILED BEFORE THE APPELLATE TRIBUNAL DOES NOT EXCEED RS. 5 0 LAKH , APPEAL SHOULD NOT BE FILED. THUS , TAKING A NO TE OF CBDT CIRCULAR NO. 17 /201 9 DATED 8 TH AUGUST, 2019 AND CONSIDERING THE FACT THAT THE TAX EFFECT IN THE INSTANT APPEAL S IS LESS THAN R S.50 LAKH, THE PRESENT APPEAL S DESERVE TO BE DISMISSED , AS NOT MAINTAINABLE. HOWEVER, WE MAKE IT CLEAR THAT THE ISSUE ( S ) RAISED IN THE INSTANT APPEAL S IS LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF ARISES, IN FUTURE. AT THE SAME TIME , WE ALSO M AKE IT CLEAR THAT IF THE APPEAL S FALL IN ANY OF THE EXCEPTIONS REFERRED TO IN THE ABOVE SAID CBDT CIRCULAR, THE REV ENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THE ORDER, IF SO, ADVISED. 3. ACCORDINGLY IN THE LIGHT OF CBDT CIRCULAR NO. 17 /201 9 DATED 08 TH AUGUST, 2019, THE APPEAL S STAND DISMISSED. 4. IN THE RESULT, THE APPEAL S FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED ON THIS 04 TH DAY OF SEPTEMBER , 2019 . SD/ - SD/ - ( CHANDRA POOJARI ) ( GEORGE GEORGE K ) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN ; DATED : 04 TH SEPTEMBER , 2019 . DEVDAS* ITA NO S . 156 - 157 / COCH /201 7 SRI.RAJU SEBASTIAN . 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, (ASSTT. REGISTRAR) ITAT, COCHIN 1. THE APPELLANT 2. THE RESPONDENT. 3. THE PR.CIT, KOTTAYAM . 4. THE CIT(APPEALS) - KOTTAYAM. 5. DR, ITAT, COCHIN 6 . GUARD FILE.