The ACIT, Cochin V. M/s. Popular Motor World P. Ltd, Cochin

ITA 483/COCH/2016

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 3442 (ITAT-COCHIN)
• Duration Of Justice: 2 year(s) 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-02-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 20-02-2019
• Assessment Year: 2010-2011
• Appeal Filed On: 26-10-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI CHANDRA POOJARI, AM & SHRI GEORGE GEORGE K, JM ITA NO. 483 /COCH/201 6 : ASST.YEAR : 2010 - 11 THE ASSISTANT COMMISSIONER OF INCOME - TAX, CIRCLE 2(1) , KOCHI. VS. M/S . POPULAR MOTOR WORLD PVT. LTD., 32/2 36 1 , A - 2, GEETHANJALI STOP, NH BYE - P ASS,VYTILLA P.O., KOCHI - 682 019. PAN : AA D CP 6327K] ( REVENUE - APPELLANT) ( ASSESSEE - RESPONDENT) REVENUE BY : SMT. BINDHU A.S. , SR. DR ASSESSEE BY : S H RI P.M.VEERAMANI, CA DATE OF HEARING : 20/02/2019 DATE OF PRONOUNCEMENT : 20 /02/2019 O R D E R PER C HANDRA POOJARI , A M THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME - TAX (APPEALS) , KOCHI DATED AND PERTAINS TO THE ASSESSMENT YEAR 2. AT THE TIME OF HEARING, BOTH THE PARTIES STATED THAT THE TAX EFFECT IN THIS APPEAL WAS LESS THAN RS. 20 LAKHS AND THEREFORE , CIRCULAR NO. 3/2018 DATED 11.07.2018 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) IN EXERCISE OF ITS P OWER VESTED UNDER SEC. 268A(1) OF THE I.T. ACT WOULD COME 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 WERE REVISED WITH AN OBJECT OF ITA NO. 483/ / COCH /201 6 . 2 REDUCING THE TAX LITIGATION. VIDE PARA 3 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. 20 LAKHS, APPEAL SHOULD NOT BE FILED. THUS, TAKING NOTE OF CBDT CIRCULAR NO. 03/2018 DATE D 11.07.2018 AND ALSO THE JUDGMENT OF THE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT VS. TATA CERAMICS LTD. (102 CCH 0094) AND CONSIDERING THE FACT THAT THE TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN RS. 20 LAKHS, THE PRESENT APPEAL DESERVE S TO BE DIS MISSED AS NOT MAINTAINABLE. 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 20 TH FEBRUARY, 201 9 . SD/ - SD/ - PLACE: KOCHI DATED : 20 TH FEBRUARY, 2019 GJ COPY TO: 1. M/S. POPULAR MOTOR WORLD PVT. LTD., 32/2 36 1 , A - 2, GEETHANJALI STOP, NH BYE - P ASS,VYTILLA P.O., KOCHI - 682 019. 2. THE ASSISTANT COMMISSIONER OF INCOME - TAX, CIRCLE - 2(1), KOCHI. 3. THE COMMISSIONER OF INCOME - TAX(APPEALS) - I, KOCHI. 4. THE PR. CO MMISSIONER OF INCOME - TAX, KOCHI. 5. D.R., I.T.A.T. COCHIN BENCH, KOCHI. 6. GUARD FILE. BY ORDER (ASSISTANT REGISTRAR) I.T.A.T., COCHIN BENCH ( GEORGE GEORGE K. ) (CHANDRA POOJARI ) JUDICIAL MEMBER ACCOUNTANT MEMBER ITA NO. 483/ / COCH /201 6 . 3