ACIT CORPORATE CIRCLE 3(1), CHENNAI vs. TTK PROTECTIVE DEVICES LTD., CHENNAI

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ITA 2043/CHNY/2017Status: DisposedITAT Chennai04 April 2022AY 2013-142 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 held that the Revenue was precluded from filing the appeal as the tax effect was below the prescribed monetary limit. Therefore, the appeals were not maintainable.

What were the facts?

The Revenue filed appeals before the ITAT for assessment years 2013-14 and 2014-15. 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 the Revenue's appeals are maintainable before the Tribunal when the tax effect is below the monetary limit prescribed by CBDT circulars.

AI-generated summary — verify with the full judgment below

Before: Shri V. Durga Rao & Shri G. Manjunatha

Hearing: 04.04.2022Pronounced: 04.04.2022

O R D E R

PER V. DURGA RAO, JUDICIAL MEMBER:

1.

Both the appeals filed by the Revenue are directed against common order of the ld. Commissioner of Income Tax (Appeals) 11, Chennai dated 23.05.2017 relevant to the assessment years 2013-14 and 2014-15.

2.

When the appeals were taken up for hearing, the ld. Counsel for the assessee has submitted that the tax effect in the appeals filed 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 appeal before the Tribunal, since the tax effect is less than ₹.50,00,000/- in these appeals. Thus, both the appeals filed by the Revenue are liable to be dismissed as not maintainable. Accordingly, the appeals filed by the Revenue are dismissed.

3.

In the result, both the appeals filed by the Revenue are dismissed. Order pronounced on 04th April, 2022 at Chennai.

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