ACIT CORPORATE CIRCLE 4(1), CHENNAI vs. DR. (MRS.) A.EZHIL MALAR, CHENNAI

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ITA 2124/CHNY/2018Status: DisposedITAT Chennai31 December 2018AY 2013-142 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 that the tax effect was below the monetary limit. Therefore, the Revenue was precluded from filing the appeal before the Tribunal.

What were the facts?

The Revenue filed an appeal before the ITAT against an order levying penalty. The assessee argued 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 as per CBDT circular.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Before: Shri A. Mohan Alankamony & Shri Duvvuru RL Reddy

Hearing: 31.12.2018Pronounced: 31.12.2018

O R D E R

PER DUVVURU RL REDDY, JUDICIAL MEMBER:

1.

This appeal filed by the Revenue is directed against the order of the Commissioner of Income Tax (Appeals) 5, Chennai dated 07.05.2018 relevant to the assessment year 2013-14 passed under section 271(1)(c) of the Income Tax Act, 1961 [“Act” in short] towards levy of penalty of ₹.19,35,734/-.

2.

At the time of hearing the ld. Counsel for the assessee has submitted that the tax effect in the appeal filed by the Revenue is less than the monetary limit of ₹.20,00,000/- fixed by the CBDT to file an appeal by the Revenue before the Tribunal as per the CBDT Circular No. 03/2018, dated 11.07.2018. 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 ₹.20,00,000/- 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 31st December, 2018 at Chennai.

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