What did the Tribunal hold?

The Tribunal held that since the tax effect was below the monetary limit prescribed by the CBDT, the Revenue was precluded from filing the appeals. Therefore, the appeals filed by the Revenue were liable to be dismissed.

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

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.

DCIT vs Bagwan Cybertek P. Ltd. | ITAT Chennai 2021

Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI

Before: SHRI DUVVURU R.L. REDDY & SHRI S. JAYARAMAN

Hearing: 21.04.2021Pronounced: 04.05.2021

[PAN: AABCB 2020 P] (अपीलाथ"/Appellant) (#$थ"/Respondent) : Department by Mr.G. Johnson, Addl.CIT Assessee by : Mr.P. Ranga Ramanujam, CA सुनवाई की तारीख/Date of Hearing : 21.04.2021 घोषणा की तारीख /Date of Pronouncement : 04.05.2021 आदेश / O R D E R PER DUVVURU R.L.REDDY, JUDICIAL MEMBER:

These appeals filed by the Revenue are directed against the order of the Commissioner of Income Tax (Appeals)-4, Chennai, in 08, 176 & 157/17-18/CIT(A)-4 dated 14.08.2019 for the AYs 2005-06 to 2007-08.

At the time of hearing, the ld. Counsel for the assessee has submitted that the tax effect in these appeals filed by the Revenue is less than the monetary limit of ₹50,00,000/- fixed by the CBDT to file appeals by the Revenue before the Tribunal as per the CBDT Circular No.17/2019,

::2:: ITA Nos.2858-2860/Chny/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 appeals before the Tribunal, since the tax effect is less than ₹50,00,000/- in these appeals and the appeals filed by the Revenue are liable to be dismissed. Accordingly, the appeals filed by the Revenue are 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, the appeals filed by the Revenue are dismissed.

DCIT, CHENNAI vs. BAGWAN CYBERTEK P. LTD., CHENNAI

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