ITO, CHENNAI vs. PADMAVATHY RAVISHANKAR, CHENNAI

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ITA 1908/CHNY/2016Status: DisposedITAT Chennai11 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 accepted the assessee's submission regarding the low tax effect. As per CBDT Circular No. 17/2019, appeals with a tax effect below ₹50,00,000/- are not to be filed by the Revenue.

What were the facts?

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 given the tax effect is below the CBDT's monetary limit for filing appeals.

AI-generated summary — verify with the full judgment below

Before: Shri Duvvuru RL Reddy & Shri S. Jayaraman

Hearing: 27.09.2019Pronounced: 11.10.2019

आयकर अपीलीय अिधकरण, ‘‘ए’’ �ायपीठ, चे�ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI �ी धु�ु� आर.एल रे�ी, �ाियक सद� एवं �ी एस जयरामन, लेखा सद� के सम� Before Shri Duvvuru RL Reddy, Judicial Member & Shri S. Jayaraman, Accountant Member आयकर अपील सं./I.T.A.No.1908/Chny/2016 िनधा�रण वष�/Assessment Year:2012-13 The Income Tax Officer, Smt. Padmavathy Ravishankar, Non Corporate Ward 23(2), Vs. No. 27/11, Galilei Square, Lakshmi 130-B, Mudichur Road, Street, New Avadi Road, Kilpauk, West Tambaram, Chennai-46. Chennai 600 010. [PAN:AAFPR5821F] (अपीलाथ� /Appellant) (��थ�/Respondent) अपीलाथ� की ओर से / Appellant by : Shri AR.V. Sreenivasan, JCIT ��थ� की ओर से/Respondent by : Shri K. Ravi, Advocate सुनवाई की तारीख/ Date of hearing : 27.09.2019 घोषणा की तारीख /Date of Pronouncement : 11.10.2019 आदेश /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) 10, Chennai dated 30.03.2016 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 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.

3.

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

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