ACIT, COIMBATORE vs. S.BHUPATHI, COIMBATORE

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ITA 398/CHNY/2016Status: DisposedITAT Chennai09 September 2020AY 2009-102 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 since the tax effect was below the prescribed monetary limit, the Revenue was precluded from filing the appeal. Therefore, the appeal filed by the Revenue was liable to be dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee's counsel submitted that the tax effect in the appeal was below the monetary limit prescribed by the CBDT for filing appeals. The Departmental Representative conceded to this submission.

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.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI

Before: SHRI V. DURGA RAO & SHRI S. JAYARAMAN

Hearing: 09.09.2020Pronounced: 09.09.2020

आदेश / 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 learned Commissioner of Income Tax (Appeals)-3, Coimbatore in dated 16.11.2015 relevant to the assessment year 2009-2010.

2.

At the time of hearing through video conferencing, the learned Counsel for the assessee had 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

2 -: No. 17/2019, dated 08.08.2019. The learned Departmental Representative fairly conceded the submissions made by the learned 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 the appeal and thus, the appeal filed by the Revenue is liable to be dismissed. The Department is at liberty to seek recall of the above order, if the tax effect is above the prescribed limit and moreover the learned Departmental Representative was not sure about as to whether the issue raised in the appeal of the Revenue was 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 in the open Court on 9th September, 2020 in Chennai.

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