ACIT, TRICHY vs. H. PRADEEPA, TRICHY

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ITA 3284/CHNY/2018Status: DisposedITAT Chennai14 October 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 held that the Revenue was precluded from filing the appeal before it as the tax effect was less than the prescribed monetary limit. Therefore, the appeals were dismissed as un-admitted.

What were the facts?

The Revenue filed appeals before the ITAT, which were delayed by 8 days. The Revenue sought condonation of delay, which was granted. However, the tax effect in these appeals was below the monetary limit set by the CBDT for filing appeals.

What were the issues?

Whether an appeal filed by the Revenue can be admitted if the tax effect is below the monetary limit prescribed by CBDT circulars.

AI-generated summary — verify with the full judgment below

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

Hearing: 26.09.2019Pronounced: 14.10.2019

O R D E R PER BENCH: Both appeals filed by the Revenue relating to different assessees are directed against different orders of the ld. Commissioner of Income Tax (Appeals) 19(I/c), Chennai both dated 10.08.2018 relevant to the assessment year 2012-13.

2.

Both the appeals filed by the Revenue are delayed by ‘08’ days each, 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.

1.

Consequently, the delay in filing of the appeals stand condoned and the appeals are admitted for adjudication.

3.

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.

4.

In the result, both the appeals filed by the Revenue are dismissed. Order pronounced on the 14th October, 2019 at Chennai.

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