DCIT CORPORATE CIRCLE 1(2), CHENNAI vs. CCCL-EDAC ENERGY LTD., CHENNAI

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ITA 3211/CHNY/2017Status: DisposedITAT Chennai23 October 2018AY 2013-143 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 held that the appeal was not maintainable as the tax effect was below the monetary limit prescribed by the CBDT circular. Consequently, the appeal filed by the Revenue was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT against the order of the CIT(A). The assessee's representative argued that the appeal was not maintainable due to a CBDT circular on monetary limits for filing appeals.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT based on the monetary limit stipulated by a CBDT circular.

Which sections of the Income-tax Act were involved?

Section 250,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI A.MOHAN ALANKAMONY

Pronounced: 23.10.2018

आदेश / O R D E R Per A. Mohan Alankamony, AM:-

1.

This appeal by the Revenue is directed against the order passed by the learned Commissioner of Income Tax(Appeals)-1, Chennai, dated 25.10.2017 in for the assessment year 2013-14 passed U/s. 250(6) r.w.s. 143(3) of the Act.

2.

At the outset, the Ld.AR submitted before us that the above mentioned appeal is not maintainable due to the latest Circular No.3/2018 dated 11.07.2018 issued by the CBDT with respect to monetary limit.

Hence, it was pleaded that the appeal of the Revenue may be dismissed. The Ld. DR could not controvert to the submission of the Ld.AR.

3.

After hearing both sides we find merit in the submission of the Ld.AR. The CBDT in its latest Circular No.3/2018 dated 11.07.2018 had fixed the monetary tax effect as Rs.20 lakhs for filing appeal before the Tribunal. Further, it is apparent from the orders of the Ld.Revenue Authorities that in the case of the assessee, tax effect is below Rs.20 lakhs which is also conceded by the Ld.DR. The CBDT in its latest Circular No.3/2018 dated 11.07.2018 had fixed the monetary tax effect as Rs.20 lakhs for filing appeal before the Tribunal. Hence due to the instructions issued by the CBDT vide its Circular mentioned herein above, we hereby hold that the appeal filed by the Revenue is not maintainable and accordingly the appeal of the Revenue is dismissed.

4.

In the result the appeal filed by the Revenue is dismissed.

Order pronounced in the open court on 23rd October, 2018 at Chennai.

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