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The Acit, Cen-Circle-1 v/s M/s. Kanjirapally Hotels, Kottayam

    ITA No. 210, 211, 212, 213, 214/Coch of 2018

    Decided On, 13 August 2018

    At, Income Tax Appellate Tribunal Cochin

    By, THE HONOURABLE MR. CHANDRA POOJARI
    By, ACCOUNTANT MEMBER & THE HONOURABLE MR. K. GEORGE GEORGE
    By, JUDICIAL MEMBER

    For the Appellant: Shantom Bose, Advocate. For the Respondent: Mathew Joseph, Advocate.



Judgment Text

1. Bench These appeals at the instance of the Revenue are directed against the combined order of the Commissioner of Income-tax (Appeals)-III, Kochi, dated 14.02.2018. The relevant assessment years are 2011-2012 to 2015-2016.

2. It is observed that the tax effect in these appeals 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 M/s.Kanjirappally Hotels.

High Courts as well as Apex Court are revised with an object of 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 a note of CBDT Circular No. 03/2018 dated 11.07.2018 and considering the fact that the tax effect in the instant appeals is less than Rs. 20 lakhs, the present appeals deserve to be dismissed as not maintainable. However, we make it clear that the issue(s) raised in the instant appeals is/are 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 appeals 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 orders, if so, advised.

3. Accordingly in the

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light of CBDT Circular No. 03/2018 dated 11.07.2018, the appeals stand dismissed. 4. In the result, the appeals filed by the Revenue are dismissed.
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