ACIT, CIRLCE-1, NAMAKKAL vs. M/S. APC DRILLING & CONSTRUCTION CO., NAMAKKAL

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ITA 122/CHNY/2020Status: DisposedITAT Chennai06 May 2020AY 2012-132 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. Consequently, the appeal filed by the Revenue was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee contended that the tax effect in the appeal was below the monetary limit set by the CBDT for filing appeals. The Revenue's counsel conceded this point.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal given the tax effect is below the CBDT's prescribed monetary limit.

AI-generated summary — verify with the full judgment below

Before: Shri Duvvuru RL Reddy & Shri S. Jayaraman

Hearing: 17.03.2020Pronounced: 06.05.2020

Heard together (2 matters)

I.T.A. No.122/Chny/2020
C.O. No.15/Chny/2020

Read from the judgment's own cause title. This page is filed under one of them.

O R D E R

PER DUVVURUL RL REDDY, JUDICIAL MEMBER:

1.

The appeal filed by the Revenue is directed against the order of the ld. Commissioner of Income Tax (Appeals), Salem dated 30.09.2019 relevant to the assessment year 2012-13.

2.

At the time of hearing, the ld. Counsel for the assessee has 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 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 this appeal and the appeal filed by the Revenue is liable to be dismissed. Accordingly, the appeal filed by the Revenue is dismissed.

3.

Since we have dismissed the appeal filed by the Revenue on low tax effect, the Cross Objection filed by the assessee became infructuous and accordingly dismissed.

4.

In the result, the appeal filed by the Revenue and the Cross Objection of the assessee are dismissed. Order pronounced on the 6th May, 2020 at Chennai.

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