What did the Tribunal hold?

The Tribunal accepted the assessee's submission and noted that the Revenue's appeal was not admissible due to the low tax effect. The Revenue's counsel conceded to this point.

The Revenue filed an appeal before the ITAT against the order of the CIT(A). The assessee's counsel submitted that the tax effect in the appeal was below the monetary limit prescribed by the CBDT for filing appeals.

What were the issues?

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

ITO vs Kandasamy Chettiyannan, Salem | ITAT Chennai 2019

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

Hearing: 04.11.2019Pronounced: 11.11.2019

O R D E R

PER DUVVURU RL REDDY, JUDICIAL MEMBER:

This appeal filed by the Revenue is directed against the order of the ld. Commissioner of Income Tax (Appeals), Salem dated 09.01.2019 relevant to the assessment year 2010-11.

At the time of hearing the ld. Counsel for the assessee has submitted that the tax effect in these 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. Accordingly, the appeals filed by the Revenue are dismissed as un-admitted.

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

ITO WARD 2(3), SALEM vs. KANDASAMY CHETTIYANNAN, SALEM

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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