ITO COMPANY WARD 5(4), CHENNAI vs. RASLEE GRANITES PRIVATE LIMITED, CHENNAI

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ITA 3221/CHNY/2017Status: DisposedITAT Chennai29 September 2022AY 2010-113 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal accepted the assessee's submission that the tax effect was below the CBDT's monetary limit. Therefore, the appeals filed by the Revenue were not maintainable.

What were the facts?

The Revenue filed appeals before the ITAT for assessment years 2009-10 and 2010-11. The assessee argued that the tax effect in these appeals was below the monetary limit set by the CBDT for filing appeals.

What were the issues?

Whether appeals filed by the Revenue are maintainable when the tax effect is below the monetary limit prescribed by the CBDT.

Which sections of the Income-tax Act were involved?

CBDT Circular No. 17/2019

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI

Before: SHRI V. DURGA RAO & SHRI G. MANJUNATHA

Hearing: 29.09.2022Pronounced: 29.09.2022

आदेश / O R D E R Per V. Durga Rao, Judicial Member: These two appeals filed by the Revenue are directed against the common order of the Ld. Commissioner of Income Tax (Appeals)-3, Chennai, dated 29.09.2017 relevant to the assessment years 2009-10 & 2010-11.

2.

When these appeals were taken up for hearing, the ld. Counsel for the assessee has submitted that the tax effect in the appeals filed & 3221/Chny/2017 :- 2 -: by the Revenue are less than the monetary limit of ₹.50,00,000/- fixed by the CBDT to file an appeal by the Revenue before the Tribunal as per the CBDT Circular No. 17/2019, dated 08.08.2019. The ld. DR fairly conceded the submissions made by the ld. Counsel for the assessee. Being so, the Revenue authorities are precluded from filing the appeals before the Tribunal, since the tax effect is less than ₹.50,00,000/- in these appeals. Thus, the appeals filed by the Revenue are liable to be dismissed as not maintainable. Accordingly, all the four appeals filed by the Revenue are dismissed. However, the Department is at liberty to seek recall of the above order since, the ld. DR was not sure about as to whether the issue raised in the appeal of the Revenue is not arising out of RAP objection as no specific ground was raised in the grounds of appeal.

3.

In the result, both the appeals filed by the Revenue are dismissed.

Order pronounced in the Open Court on 29th September, 2022

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