DCIT CORPORATE CIRCLE 3 (3), CHENNAI vs. M/S UNICO LEATHER PRODUCTS PRIVATE LTD, CHENNAI

PDF · subscribers
ITA 1684/CHNY/2018Status: DisposedITAT Chennai24 October 2018AY 2014-152 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 the tax effect in the appeal was below the monetary limit prescribed by the CBDT for filing appeals. Therefore, the Revenue was precluded from filing the appeal.

What were the facts?

The Revenue filed an appeal before the ITAT against the order of the CIT(A) for the assessment year 2014-15. Despite notice, the assessee did not appear.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal when the tax effect is below the prescribed monetary limit.

AI-generated summary — verify with the full judgment below

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

Hearing: 17.09.2018Pronounced: 24.10.2018

आयकर अपीलीय अिधकरण, ‘‘बी’’ �ायपीठ, चे�ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI �ी ए. मोहन अलंकामणी, लेखा सद� एवं �ी धु�ु� आर.एल रे�ी, �ाियक सद� के सम� Before Shri A. Mohan Alankamony, Accountant Member & Shri Duvvuru RL Reddy, Judicial Member आयकर अपील सं./I.T.A.No.1684/Chny/2018 िनधा�रण वष�/Assessment Year: 2014-15 The Deputy Commissioner of M/s. Unico Leather Products Pvt. Ltd., Income Tax, Corporate Circle 3(2), Vs. No. 52/53, College Road, I Floor, Chennai 600 034. Prince Tower, Chennai 600 006. [PAN: AAACU0507H] (Appellant) (Respondent) अपीलाथ� की ओर से / Appellant by : Shri V. Nanda Kumar, JCIT ��थ� की ओर से/Respondent by : None सुनवाई की तारीख/ Date of hearing : 17.09.2018 घोषणा की तारीख /Date of Pronouncement : 24.10.2018 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 Commissioner of Income Tax (Appeals) 11, Chennai dated 28.02.2018 relevant to the assessment year 2014-15.

2.

Despite service of notice [RPAD on record], none appeared on behalf of the assessee. Hence, we proceed to decide the issue on merits after hearing the ld. DR. The ld. DR has fairly conceded that the tax effect in this appeal 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. 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 24th October, 2018 at Chennai.

Recent GST High Court judgments

Search GST case law →