DCIT CIRCLE 1, NAMAKKAL vs. PKPN SPINNING MILLS PVT LTD., NAMAKKAL

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ITA 1168/CHNY/2018Status: DisposedITAT Chennai11 November 2019AY 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 monetary limit. Therefore, the Revenue was precluded from filing the appeal.

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 CBDT circular for filing appeals.

What were the issues?

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

AI-generated summary — verify with the full judgment below

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

Hearing: 07.11.2019Pronounced: 11.11.2019

O R D E R

PER DUVVURU RL REDDY, JUDICIAL MEMBER:

1.

This appeal filed by the Revenue is directed against the order of the ld. Commissioner of Income Tax (Appeals), Salem dated 31.01.2018 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. Accordingly, the appeal filed by the Revenue is dismissed as un-admitted.

4.

In the result, the appeal filed by the Revenue is dismissed. Order pronounced on the 11th November, 2019 at Chennai.

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