DCIT CORPORATE CIRCLE 4 (2), CHENNAI vs. M/S KAVERI GAS POWER LIMITED, CHENNAI

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ITA 1233/CHNY/2018Status: DisposedITAT Chennai29 December 2021AY 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. Consequently, the appeal was dismissed as not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT against the order of the CIT(A). The assessee's counsel pointed out that the tax effect in the appeal was below the monetary limit prescribed by the CBDT for filing appeals.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal when the tax effect is below the monetary limit prescribed by CBDT circulars.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

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

Hearing: 22.12.2021Pronounced: 29.12.2021

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) 8, Chennai dated 07.02.2018 relevant to the assessment year 2013-14.

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 not maintainable and liable to be dismissed. Accordingly, the appeal filed by the Revenue is dismissed as not maintainable. 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 29th December, 2021 at Chennai.

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