ITO (EXEMPTIONS), WARD-I, CHENNAI vs. THE SOUTH INDIAN FILM CHAMBER OF COMMERCE, CHENNAI

PDF · subscribers
ITA 2025/CHNY/2019Status: DisposedITAT Chennai18 February 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 accepted the assessee's submission that the tax effect was below the CBDT's monetary limit. Consequently, the Revenue was precluded from filing the appeals.

What were the facts?

The Revenue filed appeals before the ITAT for assessment years 2012-13 and 2013-14. The assessee argued that the tax effect in these appeals was below the monetary limit prescribed by CBDT for filing appeals.

What were the issues?

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

Which sections of the Income-tax Act were involved?

CBDT Circular No. 17/2019

AI-generated summary — verify with the full judgment below

Before: Shri Inturi Rama Rao & Shri Duvvuru R.L. Reddy

Hearing: 04.02.2020Pronounced: 18.02.2020

O R D E R

PER DUVVURU RL REDDY, JUDICIAL MEMBER:

1.

Both the appeals filed by the Revenue are directed against the common order of the ld. Commissioner of Income Tax (Appeals) 17, Chennai dated 09.04.2019 relevant to the assessment years 2012-13 and 2013-14.

2.

At the time of hearing the ld. Counsel for the assessee has submitted that the tax effect in both 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, both the appeals filed by the Revenue are dismissed.

3.

In the result, both the appeals filed by the Revenue are dismissed. Order pronounced on the 18th February, 2020 at Chennai.

Recent GST High Court judgments

Search GST case law →