A.C.I.T.,CIRCLE-3(2), PORT BLAIR vs. SHRI KANNAPPAN NAGARAJAN, PORT BLAIR
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal. However, it held that the appeal was not maintainable in view of CBDT circular No. 17/2019, as the tax effect was below the prescribed monetary limit.
What were the facts?
The Revenue filed an appeal before the ITAT which was time-barred by 49 days. The tax effect involved in the appeal was Rs. 48,68,170, which is less than Rs. 50 lacs.
What were the issues?
Whether the Revenue's appeal is maintainable before the ITAT given the tax effect and CBDT circulars.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH: KOLKATA
Before: Shri J. Sudhakar Reddy, AM & Shri A. T. Varkey, JM]
ORDER
Per Shri A. T. Varkey, JM:
This is an appeal preferred by the revenue against the order of Ld. CIT(A)- 6, Kolkata dated 02.04.2019 for AY 2014-15. This appeal of revenue is time barred by 49 days and condonation petition has been filed by the revenue. After considering the condonation petition, we condone the delay and admit the appeal for hearing.
At the outset itself, it is noted that revenue’ s appeal is hit by CBDT circular No. 17/2019 dated 05.05.2019 and the tax effect involved in this appeal of revenue is Rs.48,68,170/-, which is less than Rs. 50 lacs, therefore, the revenue’s appeal before this Tribunal is not maintainable in view of cited the CBDT circular No. 17/2019 dated 05.05.2019. Since the tax effect involved in this appeal of the revenue is less than Rs.50 lacs, we treat the revenue appeal to fall in the ken of CBDT circular (supra) and so we dismiss it as not maintainable. However, the revenue is at liberty to prefer Misc. Application to recall this order provided it falls under any of the exception clauses cited in the CBDT Circular (supra). 3. In the result, the appeal of revenue is dismissed. Order is pronounced in the open court.
Sd/- (J.S. Reddy) Sd/- (A. T. Varkey) Accountant Member Judicial Member Dated: 19.01.2021 1 | P a g e Kannappan Nagarajan, A.Y. 20149-15 JD, Sr. PS Copy of the order forwarded to:
1. 1. Appellant- ACIT, Circle-3(2), Port Blair.
2. Respondent – Shri Kannappan Nagarajan, Seashore Road, Anarkali Village, Port Blair, A&N Islands-744 102.
3. The CIT(A)- 6, Kolkata (sent through e-mail) 4. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)
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