DCIT, CHENNAI vs. QUANTUM DIGITAL VISION (INDIA) LTD., CHENGALPUT

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ITA 1139/CHNY/2017Status: DisposedITAT Chennai26 September 2018AY 2004-052 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 filed by the Revenue was not maintainable as the tax effect was below the monetary limit prescribed by the CBDT circular. Therefore, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The assessee argued that the appeal was not maintainable due to the tax effect being below the threshold limit.

What were the issues?

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

Which sections of the Income-tax Act were involved?

Section 250(6)

AI-generated summary — verify with the full judgment below

Before: Shri N.R.S. Ganesan & Shri A. Mohan Alankamony

Hearing: 24.09.2018Pronounced: 26.09.2018

The Deputy Commissioner of M/s. Quantum Digital Vision (India) Ltd., Vs. Income Tax, No. 143, Athipattu Village, Ponneri Corporate Circle 5 (2), Taluk, Chengai MGR Dist., Chennai – 34. Tamil Nadu 601 203. [PAN: AAACQ0531B] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant by : Mrs. Vijayaprabha, JCIT Shri N. Arjun Raj, C.A. ""यथ" क" ओर से/Respondent by : सुनवाई क" तार"ख/ Date of hearing : 24.09.2018 घोषणा क" तार"ख /Date of Pronouncement : 26.09.2018 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)-3, Chennai, dated 31.01.2017 in for the assessment year 2004-05 passed U/s. 250(6) of the Act. At the time of hearing, the ld. Counsel for the assessee has submitted that the appeal filed by the Revenue is not 2 I.T.A. I.T.A. No. I.T.A. I.T.A. No. No.1139 No. 139 139/Chny 139 Chny Chny/17 Chny maintainable since the tax effect is below Rs.20 lakhs. The Ld. DR also could not controvert to the finding of the ld. AR.

2.

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, the tax effect is below Rs.20 lakhs which is also conceded by the Ld. DR. 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.

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