ACIT NON CORP CIRCLE 1, COIMBATORE vs. SHRI. JOSE C ABRAHAM, COIMBATORE

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ITA 1096/CHNY/2018Status: DisposedITAT Chennai23 October 2018AY 2010-113 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 found merit in the assessee's submission. As admitted by the DR, the tax effect was below the prescribed monetary limit of Rs. 20 lakhs.

What were the facts?

The Revenue filed appeals against the CIT(A)'s orders for AYs 2009-10 and 2010-11. The assessee's counsel argued that the appeals were not maintainable due to the CBDT's monetary limit circular.

What were the issues?

Whether the Revenue's appeals are maintainable before the Tribunal given the tax effect is below the monetary limit prescribed by CBDT Circular No. 3/2018.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 250(6)

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.

These appeals by the Revenue are directed against the order passed by the learned Commissioner of Income Tax(Appeals)-2, Coimbatore, both dated 12.01.2018 in Appeal No.233/16-17 & 78/16-17 for the assessment years 2009-10 & 2010-11 respectively both passed U/s. 250(6) r.w.s. 143(3) & 147 of the Act.

2.

At the outset, the Ld.AR submitted before us that the above mentioned appeals are 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 has also filed a letter No. ADEPA7821J/NCC 1/CBE/2018-19 dated 07.09.2018 stating the tax effect in the case of the assessee in the two appeals is below the prescribed monetary limit.

3.

After hearing both sides we find merit in the submission of the Ld.AR. As admitted by the Ld.DR the tax effect in both the above appeals is below Rs.20 lakhs. 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 appeals filed by the Revenue are not maintainable and accordingly the appeals of the Revenue are dismissed.

4.

In the result both the appeals filed by the Revenue are dismissed.

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

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