ACIT, NON CORPORATE CIRCLE-1, COIMBATORE vs. SRI VIGNESHWARA FOUNDRY, COIMBATORE

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ITA 60/CHNY/2018Status: DisposedITAT Chennai12 December 2018AY 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The Tribunal noted that as per CBDT Circular No. 3/2018, appeals with a tax effect below a specified limit should be withdrawn or not pressed. Since the tax effect was below the limit, the appeal could not be sustained.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A). The tax effect in the appeal was less than ₹20,00,000. The assessee did not appear.

What were the issues?

Whether an appeal filed by the Revenue can be sustained when the tax effect is below the threshold specified by CBDT circulars for withdrawal of appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘ C’ (SMC

Before: SHRI N.R.S. GANESAN & SHRI ABRAHAM P. GEORGE]

आदेश / O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER

1.

This appeal of the Revenue is directed against an order dated 28.09.2017 of the Commissioner of Income-tax (Appeals)-2, Coimbatore.

2.

Ld. Departmental Representative fairly agreed that the tax effect was less than �20,00,000/- and by virtue of para 13 of CBDT

ITA No.60/2018. :- 2 -:

Circular No.3/2018, dated 11.07.2018, pending appeals below the specified tax limit had to be withdrawn/not pressed.

3.

None appeared on behalf of the assessee.

4.

We have considered the submission of the ld. Departmental Representative. Since the tax effect in this appeal is less than �20,00,000/-, appeal of the Revenue cannot survive.

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