The ITO,Corp Cir-1(1), Kochi V. M/s.Fancy Constructions P. Ltd, Kochi

ITA 245/COCH/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 3801 (ITAT-COCHIN)
• Duration Of Justice: 4 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 14-08-2019
• Assessment Year: 2015-2016
• Appeal Filed On: 05-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department 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. 244 /COCH/201 9 : ASST.YEAR 2014 - 2015 ITA NO. 245 /COCH/201 9 : ASST.YEAR 2015 - 2016 THE INCOME TAX OFFICER CORP.CIRCLE 1(1) KOCHI. VS. M/S. FANCY CONSTRUCTIONS PRIVATE LIMITED 36/1685, JUDGES AVENUE KALOOR, KOCHI 682 017 PAN : AABCF0263C . (APPELLANT) (RESPONDENT) APPELLANT BY : SMT.A.S.BINDHU, SR.DR RESPONDENT BY : SRI.R.VIJAYARAGHAVAN DATE OF HEARING : 1 4 .08.2018 DATE OF PRONOUNCEMENT : 1 4 .08.2019 O R D E R PER GEORGE GEORGE K, JM THESE APPEAL S AT THE INSTANCE OF THE REVENUE ARE DIRECTED AGAINST THE CONSOLIDATE ORDER OF THE COMMISSIONER OF INCOME - TAX (APPEALS) DATED 02 ND JANUARY, 2019 . THE RELEVANT ASSESSMENT YEAR S ARE 2014 - 2015 AND 2015 - 2016 . 2. IT IS OBSERVED THAT THE TAX EFFECT IN THE SE 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 OF 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 APEX COURT ARE REVISED WITH AN OBJECT OF REDUCING THE TAX LITIGATION. VIDE PARA ITA NO S . 244 - 245 / COCH /201 9 M/S. FANCY CONSTRUCTIONS PVT. LTD . 2 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 NOTE OF CBDT CIRCU LAR 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 REVE NUE 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 14 TH DAY OF AUGUST, 2019 . SD/ - SD/ - ( CHANDRA POOJARI ) ( GEORGE GEORGE K ) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN ; DATED : 14 TH AUGUST, 2019 . DEVDAS* ITA NO S . 244 - 245 / COCH /201 9 M/S. FANCY CONSTRUCTIONS PVT. LTD . 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, (ASSTT. REGISTRAR) ITAT, COCHIN 1. THE APPELLANT 2. THE RESPONDENT. 3. THE PR.CIT, KOCHI. 4. THE CIT(APPEALS) - I, KOCHI. 5. DR, ITAT, COCHIN 6 . GUARD FILE.