DCIT, CC-2(1), CHENNAI vs. M/S. GITANJALI FINANCE LTD., KOLKATA

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ITA 2846/CHNY/2019Status: DisposedITAT Chennai10 March 2022AY 2010-112 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 since the tax effect was below the prescribed monetary limit, the Revenue was precluded from filing the appeal. Therefore, the appeal filed by the Revenue was dismissed as not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee's counsel submitted that the tax effect in the appeal was below the monetary limit set by the CBDT for filing appeals. The Revenue's counsel conceded to this submission.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the Tribunal 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

Before: Shri V. Durga Rao & Shri Manoj Kumar Aggarwal

Hearing: 08.03.2022Pronounced: 10.03.2022

O R D E R

PER V. DURGA RAO, JUDICIAL MEMBER:

1.

This appeal filed by the Revenue is directed against the order of the ld. Commissioner of Income Tax (Appeals) 6, Chennai, dated 05.07.2019 relevant to the assessment year 2010-11.

2.

When the appeal was taken up for hearing, the ld. Counsel for the assessee has submitted that the tax effect in the appeal filed by the Revenue is 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 this appeal. Thus, the appeal filed by the Revenue is liable to be dismissed as not maintainable. Accordingly, the appeal filed by the Revenue is 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, the appeal filed by the Revenue is dismissed. Order pronounced on the 10th March, 2022 at Chennai.

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