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

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/-.

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.

In the result, the appeal filed by the Revenue is dismissed. Order pronounced on the 31st December, 2018 at Chennai.