ITO NON CORPORATE WARD 14(5), CHENNAI vs. RASMITA NAIK, CHENNAI

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ITA 1059/CHNY/2018Status: DisposedITAT Chennai14 November 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 accepted the assessee's contention regarding the tax effect being below the specified limit. Consequently, the appeal filed by the Revenue was deemed not to lie before the Tribunal.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The assessee's counsel argued that the tax effect was below the threshold specified by CBDT Circular No. 3/2018, making the appeal not maintainable.

What were the issues?

Whether an appeal filed by the Revenue is maintainable before the ITAT when the tax effect is below the monetary limit prescribed by the CBDT circular.

Which sections of the Income-tax Act were involved?

CBDT Circular No.3/2018

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH : CHENNAI

Before: SHRI ABRAHAM P. GEORGE & SHRI DUVVURU RL REDDY]

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)-14, Chennai.

Ld. Counsel for the assessee submitted that tax effect in this 2. case was less than �20,00,000/- and hence an appeal would not lie

ITA No.1059/2018 :- 2 -: before this Tribunal by virtue of CBDT Circular No.3/2018, dated 11.07.2018

3.

Per contra, ld. Departmental Representative fairly agreed that tax effect was less than �20,00,000/- and by virtue of para 13 of the Circular mentioned (supra) pending appeals before the specific tax limit had to be withdrawn/not pressed.

We have considered the rival contentions and perused the 4. orders of the authorities below. Considering the submissions of the ld. Authorised Representative and tax effect in this appeal which is less than �20,00,000/-, appeal of the Revenue cannot survive.

5.

In the result, the appeal of the Revenue stands dismissed .

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