ITO, WARD -2, CUDDALORE vs. NLC HOWSICOS, CUDDALORE

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ITA 2194/CHNY/2017Status: DisposedITAT Chennai26 September 2018AY 2010-112 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 Revenue's appeal was not maintainable as the tax effect was below the monetary limit prescribed by CBDT Circular No. 3/2018. Therefore, the appeal was dismissed.

What were the facts?

The Revenue appealed against the CIT(A)'s order granting deduction to the assessee. The assessee argued that the appeal was not maintainable due to a low tax effect.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the Tribunal based on the monetary limit for tax effect.

Which sections of the Income-tax Act were involved?

Section 80P(2)(d),Section 250(6)

AI-generated summary — verify with the full judgment below

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

Hearing: 25.09.2018Pronounced: 26.09.2018

The Income Tax Officer, M/s. NLC Howsicos, Vs. Ward 2, Old M.M.C. Complex, Opp. To Thermal Cuddalore. Power Station, Neyveli 607 807, Cuddalore District. [PAN: AAAAN2264Q] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant by : Mrs. Vijayaprabha, JCIT Shri Saroj Kumar Parida, Advocate ""यथ" क" ओर से/Respondent by : सुनवाई क" तार"ख/ Date of hearing : 25.09.2018 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)-Puducherry, Puducherry, dated 29.06.2017 in for the assessment year 2010-11 passed U/s. 250(6) of the Act. The only issue agitated by the Revenue before us is that the ld. CIT(A) has erred in granting deduction to the assessee for ₹.4,63,359/- u/s. 80P(2)(d) of the Act. At the time of 2 I.T.A. I.T.A. No. I.T.A. I.T.A. No. No.219 No. 219 2194/Chny 219 Chny Chny/17 Chny hearing, the ld. Counsel for the assessee has submitted that the appeal filed by the Revenue is not 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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