JCIT CIRCLE 1, MADURAI vs. M.S.V.SAMIKALAI NADAR (HUF), THENI

Vide order dated 13.11.2018 in T.C. No. 1598/2008 against the order of the Tribunal in dated 12.10.2007 for the assessment year 1998-99, the Hon’ble Madras High Court has remitted back the appeal for fresh consideration on merits. Despite service of notice of hearing through the Department, none appeared on behalf of the assessee nor any adjournment petition filed. Hence, we proceed to decide the appeal on merits after hearing the ld. DR. This appeal filed by the Revenue is directed against the order of the ld. Commissioner of Income Tax (Appeals) 1, Madurai dated 28.12.2005 relevant to the assessment year 1998-99.

When the appeal was taken up for hearing, we find 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 to. 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. Thus, the appeal filed by the Revenue is liable to be dismissed as not maintainable and accordingly, the appeal filed by the Revenue is dismissed.

In the result, the appeal filed by the Revenue is dismissed. Order pronounced on the 30th December, 2019 at Chennai.