ITO, Thanjavur v. D.Swaminathan (HUF), Pattukkottai

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH CHENNAI [ BEFORE SHRI GEORGE MATHAN JUDICIAL MEMBER AND SHRI S. JAYARAMAN ACCOUNTANT MEMBER ./ I.T.A.NO.1092/CHNY/2017 ( [ [ / ASSESSMENT YEAR: 2008-09) THE INCOME TAX OFFICER WARD 1 THANJAVUR. VS SHRI D. SWAMINATHAN (HUF) NO.103-A AGRAHARAM PATTUKKOTTAI 614 601. PAN: AAFHD 1173G ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI AR.V. SRENIVASAN JCIT / RESPONDENT BY : SHRI S. SRIDHAR ADVOCATE /DATE OF HEARING : 04.11.2019 /DATE OF PRONOUNCEMENT : 04.11.2019 / O R D E R PER S.JAYARAMAN AM: THE REVENUE FILED THIS APPEAL AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-2 TIRUCHIRAPPALLI IN ITA NO.39/2016-17/CIT(A-2)/TRY DATED 16.02.2017 FOR THE ASSESSMENT YEAR 2008-09. 2. AT THE TIME OF HEARING THE LD.AR SUBMITTED THAT THE TAX EFFECT IS BELOW RS.50 LAKHS AND HENCE THE REVENUES APPEAL WOULD BE COVERED BY THE CBDT CIRCULAR NO.17/2019 DATED 08.08.2019 FIXING THE MONETARY LIMIT OF 2 ITA NO.1092/CHNY/2017 RS.50 LAKHS. THE LD.DR ON VERIFICATION ADMITTED THAT THE TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.50 LAKHS. 3. ON HEARING BOTH SIDES WE FIND THAT THE TAX EFFECT IN THIS CASE IS LESS THAN RS. 50 LAKHS. THE CBDT IN ITS CIRCULAR NO. 17/2019 DATED 08.08.2019 INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE TAX EFFECT IS LESS THAN RS. 50 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIRCULAR OF CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE THE REVENUE CANNOT PROCEED FURTHER IN THIS APPEAL. ACCORDINGLY THE APPEAL STANDS DISMISSED. 4. IN THE RESULT THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 4 TH NOVEMBER 2019 AT CHENNAI. SD/- SD/- /CHENNAI /DATED 4 TH NOVEMBER 2019 RSR /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( ) /CIT(A) 4. /CIT 5. /DR 6. [ /GF ( ) (GEORGE MATHAN) /JUDICIAL MEMBER ( ) (S. JAYARAMAN) /ACCOUNTANT MEMBER