The Revenue filed five appeals against the orders of the CIT(A) for assessment years 2008-09 to 2012-13. The assessee argued that the tax effect in each appeal was below the monetary limit prescribed by the CBDT for filing appeals.

What were the issues?

Whether the appeals filed by the Revenue are maintainable before the Tribunal when the tax effect is below the prescribed monetary limit.

ITO vs Young Men'S Christian Association | ITAT Chennai 2020

Q: What did the Tribunal hold?

The Tribunal held that the tax effect in all the appeals was less than the monetary limit of ₹.50,00,000/- fixed by the CBDT. Therefore, the Revenue was precluded from filing these appeals.

Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI

Before: SHRI MAHAVIR SINGH & SHRI M. BALAGANESH

Hearing: 24.02.2020

आदेश / O R D E R PER BENCH: All the five appeals filed by the Revenue are directed against the common order of the Ld. Commissioner of Income Tax (Appeals)-17, Chennai dated 27.03.2018 relevant to the assessment years 2008-09 to 2012-13.

At the time of hearing, by way of written submission, the ld. Counsel for the assessee has tabulated the addition made in the respective assessment to 2249/Chny/2018 (A.Ys 2008-09 to 2012-13) M/s. Young Men’s Christian Association :- 2 -: years and the tax effect as detailed below:

Assessment Year Addition made (INR) Tax Effect (INR) 2008-09 84,23,000 25,26,900 2009-10 74,60,000 22,38,000 2010-11 21,12,000 6,33,600 2011-12 70,40,600 21,12,180 2012-13 1,43,10,000 42,93,000

With the above, the Ld. Counsel has submitted that the tax effect in all the appeals filed by the Revenue are 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 the submissions made by the ld. 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 these appeals and the appeals filed by the Revenue are liable to be dismissed. Accordingly, all the appeals filed by the Revenue are dismissed.

In the result, all the five appeals filed by the Revenue are dismissed.

Order pronounced on 24th day of February, 2020 in Chennai.

ITO (EXEMPTIONS) WARD 2, CHENNAI vs. YOUNG MEN'S CHRISTIAN ASSOCIATION, CHENNAI

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