DCIT CENTRAL CIRCLE 2(2), CHENNAI vs. N.SASIKALA, BENGALURU
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the tax effect in all the appeals filed by the Revenue was less than the monetary limit of ₹50,00,000/- fixed by the CBDT for filing appeals. The Revenue conceded this point.
What were the facts?
The Revenue filed seven appeals before the ITAT, Chennai, against various orders of the CIT(A). The appeals were filed for different assessment years and by different assessees. One appeal was delayed by 4 days.
What were the issues?
Whether appeals filed by the Revenue are maintainable before the Tribunal when the tax effect is below the prescribed monetary limit by the CBDT.
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
2559/Chny/18 2015-16 The ACIT, Non- M/s. Galaxy Communication Service Pvt. Ltd., No. 18, 4th Street, Corporate Circle-20(1) Chennai. Karpagam Avenue, R.A. Puram, Chennai 600 028. [PAN: AABCG1908R] अपीलाथ� क� ओर से/ Appellant by : Ms. R. Anita, JCIT Sl.No. As mentioned in Cause Title ��यथ� क� ओर से /Respondent by : SL.No. Name of Counsel 1. Shri T. Vasudevan, Advocate 2, 6 & 7 Shri S. Sridhar, Advocate 3. Shri S.P. Chidambaram, Advocate 4. Shri Vishal Kalra, Advocate 5. None सुनवाई क� तारीख/Date of Hearing : 26.09.2019 घोषणा क� तारीख /Date of Pronouncement : 14.10.2019 आदेश / O R D E R PER BENCH: These seven appeals filed by the Revenue relating to different assessees are directed against various orders of the ld. Commissioner of Income Tax (Appeals) relevant to the assessment years as stated above.
The appeals in filed by the Revenue is delayed by ‘04’ days, for which, the Revenue has filed Affidavit for condonation of the delay, to which, the ld. Counsel for the assessee has not raised any serious objection. Consequently, the delay in filing of the appeal stands condoned and the appeal is admitted for adjudication.
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, all the appeals filed by the Revenue are dismissed. Order pronounced on the 14th October, 2019 at Chennai.
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