What did the Tribunal hold?

The Tribunal accepted the assessee's submission regarding the low tax effect. Since the tax effect was less than the prescribed monetary limit for appeals, the Revenue was precluded from filing the appeal.

The Revenue filed three appeals before the ITAT against the orders of the CIT(A) for assessment years 2008-09, 2009-10, and 2010-11. The assessee's counsel pointed out that the tax effect was below the monetary limit set 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 monetary limit prescribed by CBDT circulars.

DCIT vs Empee Distilleries Limited | ITAT Chennai 2019

Before: Shri Duvvuru RL Reddy & Shri S. Jayaraman

Hearing: 21.10.2019Pronounced: 22.10.2019

O R D E R PER BENCH: These three appeals filed by the Revenue relating to same assessee are directed against the common order of the ld. Commissioner of Income Tax (Appeals) 9, Chennai dated 28.07.2017 relevant to the assessment years 2008-09, 2009-10 and 2010-11.

At the time of hearing the ld. Counsel for the assessee has submitted that the tax effect in this 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.

In the result, all the appeals filed by the Revenue are dismissed. Order pronounced on the 22nd October, 2019 at Chennai.

DCIT CORPORATE CIRCLE 2(1), CHENNAI vs. EMPEE DISTILLERIES LIMITED, CHENNAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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