The ITO(Exemptions), Kollam, Kollam V. M/s.Cherupushpa Nivas Convent, Kollam

ITA 318/COCH/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7286 (ITAT-COCHIN)
• Duration Of Justice: 1 year(s) 1 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 25-07-2018
• Assessment Year: 2010-2011
• Appeal Filed On: 12-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A DHANARAJ
• Assessee Lawyers: P A J OHNEY
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI CHANDRA POOJAR I, AM & SHRI GEORGE GEORGE K, JM ITA NO. 318 /COCH/201 7 : ASST.YEAR 201 0 - 201 1 THE INCOME TAX OFFICER (EXEMPTION) KOLLAM. VS. M/S CHERUPUSHPA NIVAS CONVENT, INDUSTRIAL ESTATE UMAYANALLOOR KOLLAM 691 589. PAN : AAATC0971A. (APPELLANT) (RESPONDENT) APPELLANT BY : SRI. A.DHANARAJ, SR.DR RESPONDENT BY : SRI. P.A.J OHNEY DATE OF HEARING : 25.07.2018 DATE OF PRONOUNCEMENT : 25 .07.2018 O R D E R PER CHANDRA POOJARI , A M THIS APPEAL AT THE INSTANCE OF THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME - TAX (APPEALS) DATED 31.03.2017 . THE RELEVANT ASSESSMENT YEAR IS 201 0 - 201 1 . 2. IT IS OBSERVED THAT THE TAX EFFECT IN THIS APPEAL 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 HIGH COURTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJECT OF REDUCING THE TAX LITIGATION. VIDE PARA 3 OF THE SAID CIRCULAR ITA NO. 318 / COCH /201 7 . M/S.CHERUPUSHPA NIVAS CONVENT. 2 (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. 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 IS LESS THAN R S. 20 LAKHS, THE PRESENT APPEAL DESERVE S TO BE DISMISSED AS 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 M AKE IT CLEAR THAT IF THE APPEAL FALL S 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. 3. ACCORDINGLY IN THE LIGHT OF CBDT CIRCULAR NO. 03/2018 DATED 11.07.2018, THE APPEAL STAND S DISMISSED. 4 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON THIS 25 TH DAY OF JULY, 2018 . SD/ - SD/ - ( GEORGE GEORGE K ) ( CHANDRA POOJARI ) JUDICIAL MEMBER ACCOUNTANT MEMBER COCHIN ; DATED : 25 TH JULY, 2018 . DEVDAS* ITA NO. 318 / COCH /201 7 . M/S.CHERUPUSHPA NIVAS CONVENT. 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, (ASSTT. REGISTRAR) ITAT, COCHIN 1. THE APPELLANT 2. THE RESPONDENT. 3. THE PR. CIT 4. THE CIT(APPEALS) - TRIVANDRUM . 5. DR, ITAT, COCHIN 6 . GUARD FILE.