ACIT NON CORPORATE CIRCLE 7(1), CHENNAI V. JAYAGOPAL KAMALAKANNAN, CHENNAI

ITA 3134/CHNY/2018

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 7440 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2015-2016
• Appeal Filed On: 15-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SANAT KUMAR RAHA
• Keywords: Tax effect; Tax effect

Judgement Text

आयकर अपीलीय अिधकरण, ‘डी’ ᭠यायपीठ, चे᳖ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘D’ BENCH, CHENNAI Įी महावीर ͧसंह, उपाÚय¢ एवं एवं ᮰ी जी. मंजुनाथ, लेखा सद᭭य के समᭃ BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.: 3134/Chny/2018 िनधाᭅरण वषᭅ / Assessment Year: 2015-16 The Assistant Commissioner of Income Tax, Non Corporate Circle -7(1), 121, M.G. Road, Chennai – 34. v. Shri. Jayagopal Kamalakannan, No. 40, Block-K-C, 7 th Street, Anna Nagar, Chennai – 600 0102. [PAN: AAQPK 4213P] (अपीलाथᱮ/Appellant) (ᮧ᭜यथᱮ/Respondent) अपीलाथᱮ कᳱ ओर से/Appellant by : Shri. T. Vasudevan, Advocate ᮧ᭜यथᱮ कᳱ ओर से/Respondent by : Shri. Sanat Kumar Raha, Addl. CIT स ु नवाई कȧ तारȣख/Date of Hearing : 29.11.2021 घोषणा कȧ तारȣख/Date of Pronouncement : 29.11.2021 आदेश /O R D E R PER G. MANJUNATHA, ACCOUNTANT MEMBER: This appeal filed by the Revenue is directed against order passed by the learned Commissioner of Income Tax (Appeals)- 2, Chennai dated 31.08.2018 and pertain to assessment year 2015-16. :-2-: ITA. No: 3134/Chny/2018 2. It is stated before us that the tax effect in the 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 by 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 where the tax effect in the appeal to be filed before the Appellate Tribunal does not exceed Rs. 50 lakhs appeals should not be filed. Thus, taking note of CBDT Circular No. 17 of 2019 dated 08.08.2019 and considering the fact that the tax effect in the instant appeal is less than Rs. 50 lakhs, the present appeal deserves to be dismissed as not pressed / not maintainable. However, 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. Accordingly, in the light of :-3-: ITA. No: 3134/Chny/2018 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 court on 29 th November, 2021 at Chennai. Sd/- (महावीर ͧसंह ) (MAHAVIR SINGH) उपाÚय¢ /Vice President Sd/- (जी. मंजुनाथ) (G. MANJUNATHA) लेखासदèय/Accountant Member चे᳖ई/Chennai, ᳰदनांक/Dated, the 29 th November, 2021 JPV आदेश की Ůितिलिप अŤेिषत/Copy to: 1. अपीलाथŎ/Appellant 2. ŮȑथŎ/Respondent 3. आयकर आयुƅ (अपील)/CIT(A) 4. आयकर आयुƅ/CIT 5. िवभागीय Ůितिनिध/DR 6. गाडŊ फाईल/GF