ACIT CORP CITRCLE 1 (1), CHENNAI vs. M/S ARJUN CHEMICALS PVT LTD, CHENNAI
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 noted that the tax effect in both appeals was below the monetary limit prescribed by the CBDT for filing appeals. The Revenue's counsel conceded to this fact.
What were the facts?
The Revenue filed appeals before the ITAT against the orders of the CIT(A) for assessment years 2013-14 and 2014-15. The assessee did not appear for the hearing.
What were the issues?
Whether the Revenue's appeals are maintainable before the Tribunal when the tax effect is below the prescribed monetary limit set by the CBDT.
AI-generated summary — verify with the full judgment below
Before: Shri Duvvuru RL Reddy & Shri G. Manjunatha
आयकर अपीलीय अिधकरण, ’ए’ �ायपीठ, चे�ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI �ी धु�ु� आर.एल रे�ी, �ाियक सद� एवं �ी जी. मऺजुनाथा, लेखा सद� के सम� Before Shri Duvvuru RL Reddy, Judicial Member & Shri G. Manjunatha, Accountant Member आयकर अपील सं./I.T.A. Nos. 478 & 479/Chny/2018 िनधा�रण वष�/Assessment Years: 2013-14 & 2014-15 The Assistant Commissioner of M/s. Arjun Chemicals P. Ltd., Income Tax, Corporate Circle 1(1), Vs. RVC Towers, II Floor, 149 Velachery- Chennai 600 034. Tambaram High Road, Pallikaranai, Chennai 600 100. [PAN:AAACA5195M] (अपीलाथ�/Appellant) (��थ�/Respondent) अपीलाथ� की ओर से / Appellant by : Shri Suresh Periasamy, JCIT ��थ� की ओर से/Respondent by : None सुनवाई की तारीख/ Date of hearing : 23.06.2021 घोषणा की तारीख /Date of Pronouncement : 24.06.2021 आदेश /O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER:
Both the appeals filed by the Revenue are directed against separate orders of the ld. Commissioner of Income Tax (Appeals) 3, Chennai, both dated 30.11.2017 relevant to the assessment years 2013-14 & 2014-15.
None appeared on behalf of the assessee despite service of notice of hearing through RPAD. Hence, we proceed to decide the appeals after hearing the ld. DR.
3. When the appeals were taken up for hearing, the Bench has noticed that the tax effect in the appeals 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 that the tax effect is less than the monetary limit fixed by the CBDT. 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 both the appeals and the appeals filed by the Revenue are liable to be 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 appeals of the Revenue are not arising out of RAP objection as no specific ground was raised in the grounds of appeals.
In the result, both the appeals filed by the Revenue are dismissed. Order pronounced on the 24th June, 2021 in Chennai.
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