The ACIT, Kochi V. M/s.Tropicana Liquid Storage P. Ltd, Ernakulam

ITA 80/COCH/2020

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 3592 (ITAT-COCHIN)
• Duration Of Justice: 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-03-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 04-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRITUNJAYA SHARMA
• Assessee Lawyers: K NITHYANANTHA KAMATH
• 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. 80 / COCH/20 20 : ASST.YEAR 200 8 - 200 9 THE ASST.COMMISSIONER OF INCOME - TAX, CORP.CIRCLE 2 ( 1 ) KOCHI. VS. M/S. TROPICANA LIQUID STORAGE PRIVATE LIMITED 39/3033A, DEVADATHAM, NEDUVELIL LANE, RAVIPURAM ERNAKULAM 682 016. PAN : AACCT3485B . (APPELLANT) (RESPONDENT) APPELLANT BY : SRI.MRITUNJAYA SHARMA, SR.DR RESPONDENT BY : SRI. K.NITHYANANTHA KAMATH, CA DATE OF HEARING : 0 5 .03.2020 DATE OF PRONOUNCEMENT : 05 .03.2020 O R D E R PER GEORGE GEORGE K, JM THIS APPEAL AT THE INSTANCE OF THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME - TAX (APPEALS)S DATED 14.11.2019 . THE RELEVANT ASSESSMENT YEAR IS 200 8 - 200 9 . 2. AT THE VERY OUTSET, I T IS OBSERVED THAT THE TAX EFFECT IN THE APPEAL 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) I N 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 ITA NO. 80 / COCH /20 20 M/S. TROPICANA LIQUID STORAGE PVT. LTD. 2 APEX COURT ARE REVISED WITH AN OBJECT OF REDUCING THE TAX LITIGATION. VIDE PARA 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 CIRCULAR NO. 17 /201 9 DATED 8 TH AUGUST, 2019 AND CONSIDERING THE FACT THAT THE TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN R S.50 LAKH, THE PRESENT APPEAL DESERVE S TO BE DISMISSED , AS NOT MAINTAINABLE. HOWEVER, WE MAKE IT CLEAR THAT THE ISSUE ( S ) 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 REVEN UE 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 STAND S DISMISSED. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON THIS 05 TH DAY OF MARCH, 2020 . SD/ - SD/ - ( CHANDRA POOJARI ) ( GEORGE GEORGE K ) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN ; DATED : 05 TH MARCH, 2020 . DEV A DAS G * ITA NO. 80 / COCH /20 20 M/S. TROPICANA LIQUID STORAGE PVT. LTD. 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, (ASSTT. REGISTRAR) ITAT, COCHIN 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - I, KOCHI. 4. THE CIT, KOCHI. 5. DR, ITAT, COCHIN 6 . GUARD FILE.