Ita/17/2017 Of The Principal Commissioner Of Income Tax v. Sri.salim T.k

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR.JUSTICE BASANT BALAJI MONDAY, THE 3 DAY OF JANUARY 2022 / 13TH POUSHA, 1943 ITA NO. 17 OF 2017 AGAINST THE ORDER/JUDGMENT IN ITA 214/2016 OF I.T.A.TRIBUNAL,COCHIN BENCHAPPELLANT/S: THE PRINCIPAL COMMISSIONER OF INCOME TAX(CENTRAL) KOCHI. BY ADVS.SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES)SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/S: SRI.SALIM T.K.GREENLAND GARDENS, PERUMBAVOOR, ERNAKULAM-683 542 BY ADVS.SRI.M.GOPIKRISHNAN NAMBIARSRI.K.JOHN MATHAISRI.JOSON MANAVALANSRI.KURYAN THOMASSRI.PAULOSE C. ABRAHAM THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 03.01.2022, THECOURT ON THE SAME DAY DELIVERED THE FOLLOWING: ITA 17/2017 -2- JUDGMENT S.V.Bhatti, J. Heard Adv.Navaneeth N. Nath and Adv. Kuryan Thomasfor parties. 2.The Principal Commissioner of Income Tax(Central), Kochi/Revenue is the appellant. Mr.Salim T.K,Greenland Gardens, Ernakulam/Assessee is the respondent.The subject appeal is at the instance of Revenue from the orderof Income Tax Appellate Tribunal (for short ‘the Tribunal'),Cochin Bench in ITA No.214/Coch/2016 dated 25.10.2016. Theappeal deals with the Assessment Year 2005-06. 3. The value in the appeal is less than the limitprescribed by CBDT Circular. The Supreme Court in thejudgment reported in S.C.Naregal v Commissioner of Income Tax[1]has considered the effect of CBDT Circular and dismissed the ITA 17/2017 -3- appeal coming within the purport of CBDT Circular. 4. The valuation of the subject appeal since is less thanthe limit stipulated by CBDT Circular, the judgment of ApexCourt in S.C.Naregal (supra) is applicable to the appeal. Referring to the Supreme Court judgment and the latestcircular, we are of the view that the appeal is not maintainable,hence is dismissed. Sd/-S.V.BHATTIJUDGE sd/-BASANT BALAJIJUDGE ITA 17/2017 -4- APPENDIX PETITIONER'S ANNEXURES ANNEXURE ACOPY OF THE ASSESSMENT ORDER DATED 28.12.2009. ANNEXURE BCOPY OF THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) DATED 19.3.2012. ANNEXURE CCOPY OF THE CONSEQUENTIAL ASST.ORDER OF THE ASSESSING OFFICER DATED 14.3.2013. ANNEXURE DCOPY OF THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) DATED 22.02.2016. ANNEXURE ECOPY OF THE ORDER OF THE TRIBUNAL DATED 25.10.2016. ANNEXURE FCOPY OF THE COVERING LETTER ANNEXURE G COPY OF THE NET WEALTH STATEMENT