DCIT NON CORPORATE CIRCLE 2(1), CHENNAI V. THAMBI REDDY SUNITHA, CHENNAI

ITA 1647/CHNY/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5379 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-09-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 28-01-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 27-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , D B ENCH, CHENNAI . , ! . , ! ' BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./ I.T.A.NO.1647/CHNY/2019 ( / ASSESSMENT YEAR: 2015-16) THE DEPUTY COMMISSIONER OF INCOME TAX, NON-CORPORATE CIRCLE-2(1), CHENNAI-600 034. VS MS. THAMBI REDDY SUNITHA B-1, OLD NO.18, PRABHAKAR APARTMENTS, MELONY ROAD, T.NAGAR CHENNAI - 600 017. PAN: ALUPS 0722J ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MS. R.ANITA, ADDL.CIT /RESPONDENT BY : MR. K.BALASUBRAMANIAN, ADVOCATE /DATE OF HEARING : 21.09.2021 /DATE OF PRONOUNCEMENT : 21.09.2021 / O R D E R PER G.MANJUNATHA, AM: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAI NST ORDER PASSED BY THE LEARNED CIT(A)-2, CHENNAI DATE D 25.03.2019 AND PERTAIN TO ASSESSMENT YEAR 2015-16. 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN TH E ABOVE APPEAL IS LESS THAN RS. 50 LAKHS AND THEREFORE, THE 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 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 2 ITA NO. 1647/CHNY/2019 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 APPEAL IS LESS THAN RS. 50 LAKHS, THE PRESENT APPEAL DESERVES 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, THIS APPEAL STANDS DISMISSED. 3. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST SEPTEMBER, 2021 SD/- SD/- ( . ) ( . ) (DUVVURU RL REDDY) (G.MANJUNATHA) # % / JUDICIAL MEMBER % / ACCOUNTANT MEMBER # /CHENNAI, ( /DATED 21 ST SEPTEMBER, 2021 DS *+ ,+ /COPY TO: 1. APPELLANT 2. RESPONDENT 3. - () /CIT(A) 4. - /CIT 5. + 1 /DR 6. /GF .