DCIT, CORPOATE CIRCLE-5(1), CHENNAI vs. RENAULT NISSAN AUTOMOTIVE INDIA PRIVATE LIMITED, KANCHEEPURAM
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal accepted the assessee's submission that the tax effect was below the CBDT's monetary limit for appeals. Consequently, the Revenue's appeal was deemed not maintainable.
What were the facts?
The Revenue filed an appeal before the ITAT against the order of the CIT(A) for AY 2010-11. 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 prescribed monetary limit as per CBDT circular.
AI-generated summary — verify with the full judgment below
Before: Shri V. Durga Rao & Shri Manoj Kumar Aggarwal
O R D E R
PER V. DURGA RAO, JUDICIAL MEMBER:
This appeal filed by the Revenue is directed against the order of the ld. Commissioner of Income Tax (Appeals) 3, Chennai, dated 29.09.2017 relevant to the assessment year 2010-11.
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. After verification, the ld. DR fairly conceded the submissions made by the ld. Counsel for the assessee and also confirmed that the issue has not emerged out of audit objection. 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 is liable to be dismissed. Accordingly, the appeal filed by the Revenue is dismissed.
In the result, the appeal filed by the Revenue is dismissed.
Order pronounced on the 20th December, 2021 at Chennai.
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