The ACIT, Cen-Circle-1, Ernakulam, Ernakulam V. M/s.Kanjirapally Hotels, Kottayam

ITA 211/COCH/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4056 (ITAT-COCHIN)
• Duration Of Justice: 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 08-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHANTOM BOSE
• Keywords: Tax effect
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI CHANDRA POOJAR I, AM & SHRI GEORGE GEORGE K, JM ITA NO. 210 /COCH/201 8 : ASST.YEAR 2011 - 2012 ITA NO. 211 /COCH/201 8 : ASST.YEAR 2012 - 2013 ITA NO. 212 /COCH/201 8 : ASST.YEAR 2013 - 2014 ITA NO. 213 /COCH/201 8 : ASST.YEAR 2014 - 2015 ITA NO. 214 /COCH/201 8 : ASST.YEAR 2015 - 201 6 THE A SST.COMMISSIONER OF INCOME - TAX / DCIT CENTRAL CIRCLE 1 COCHIN. VS. M/S KANJIRAPPALLY HOTELS KANJIRAPPALLY P.O. KOTTAYAM 686 507 PAN : AAJFK7653E . (APPELLANT) (RESPONDENT) APPELLANT BY : SRI. SHANTOM BOSE RESPONDENT BY : SRI. MATHEW JOSEPH DATE OF HEARING : 13.08 .2018 DATE OF PRONOUNCEMENT : 13 .08 .2018 O R D E R PER BENCH THESE APPEALS AT THE INSTANCE OF THE REVENUE ARE DIRECTED AGAINST THE COMBINED ORDER OF THE COMMISSIONER OF INCOME - TAX (APPEALS) - III, KOCHI, DATED 14.02.2018 . THE RELEVANT ASSESSMENT YEARS ARE 2011 - 2012 TO 2015 - 2016 . 2. IT IS OBSERVED THAT THE TAX EFFECT IN THESE APPEALS IS LESS THAN RS. 20 LAKHS AND THEREFORE THE CIRCULAR NO. 3/2018 DATED 11.07.2018 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 268A(1) OF THE I.T. ACT COMES INTO PLAY, WHEREIN, THE MONETARY LIMIT FOR FILING THE APPEALS BY THE REVENUE BEFORE THE ITAT AND VARIOUS ITA NO S . 210 - 2 14 / COCH /201 8 . M/S. KANJIRAPPALLY HOTELS . 2 HIGH COURTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJECT OF REDUCING THE TAX LITIGATION. VIDE PARA 3 OF THE SAID CIRCULAR (SUPRA) , IT IS STATED THAT IN CASES WHERE THE TAX EFFECT I N THE APPEAL TO BE FILED BEFORE THE APPELLATE TRIBUNAL DOES NOT EXCEED RS. 20 LAKHS , APPEAL SHOULD NOT BE FILED. THUS , TAKING A NOTE OF CBDT CIRCULAR NO. 03/2018 DATED 11.07.2018 AND CONSIDERING THE FACT THAT THE TAX EFFECT IN THE INSTANT APPEAL S IS LESS T HAN R S. 20 LAKHS, THE PRESENT APPEALS DESERVE TO BE DISMISSED AS NOT MAINTAINABLE. HOWEVER, WE MAKE IT CLEAR THAT THE ISSUE ( S ) RAISED IN THE INSTANT APPEAL S IS /ARE LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF ARISES, IN FUTURE. AT THE SAME T IME , WE ALSO M AKE IT CLEAR THAT IF THE APPEALS 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 S , IF SO, ADVISED. 3. ACCORDINGLY IN THE LIGHT OF CBDT CIRCU LAR NO. 03/2018 DATED 11.07.2018, THE APPEALS STAND DISMISSED. 4. IN THE RESULT, THE APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED ON THIS 13 TH DAY OF AUGUST , 2018 . SD/ - SD/ - ( GEORGE GEORGE K ) ( CHANDRA POOJARI ) JUDICIAL MEMBER ACCOUNTANT MEMBER COCHIN ; DATED : 13 TH AUGUST , 2018 . DEVDAS* ITA NO S . 210 - 2 14 / COCH /201 8 . M/S. KANJIRAPPALLY HOTELS . 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, (ASSTT. REGISTRAR) ITAT, COCHIN 1. THE APPELLANT 2. THE RESPONDENT. 3. THE PR.CIT (CENTRAL) , KOCHI. 4. THE CIT(APPEALS) - III , KOCHI. 5. DR, ITAT, COCHIN 6 . GUARD FILE.