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Before: Shri George Mathan & Shri A. Mohan Alankamony
The Deputy Commissioner of M/s. Baashyaam Constructions Income Tax, Vs. Pvt. Ltd., No. 11, Radhakrishna, Corporate Circle 1 (2), Gopalakrishnan Street, T. Nagar, Chennai – 600 034. Chennai 600 017. [PAN: AACCB4376P] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant by : Shri Awijit Rekshit, JCIT Shri N. Arjun Raj, C.A. for ""यथ" क" ओर से/Respondent by : Shri S. Sridhar, Advocate सुनवाई क" तार"ख/ Date of hearing : 26.09.2018 घोषणा क" तार"ख /Date of Pronouncement : 26.09.2018 आदेश /O R D E R
PER A. MOHAN ALANKAMONY, AM:
This appeal by the Revenue is directed against the order passed by the learned Commissioner of Income Tax(Appeals)-1, Chennai, dated 31.01.2018 in for the assessment year 2013- 14 passed U/s. 250(6) of the Act. The only effective ground raised
in the appeal of the Revenue is that the ld. CIT(A) has erred in deleting the disallowance made under section 14A of the Act of ₹.37.74 lakhs holding that the provisions of section 14A of the Act are not applicable, since the 2. I.T.A. I.T.A. No. I.T.A. I.T.A. No. No.1253 No. 253 253/Chny 253 Chny Chny/18 Chny assessee had not earned any exempt income during the relevant assessment year.
The appeal of the Revenue is found to have been filed late by four days before the Tribunal. The Assessing Officer has filed an affidavit for condonation of delay. The ld. DR, citing the reasons stated by the ld. Assessing Officer, requested for condoning the delay and to admit the appeal for hearing. The ld. Counsel for the assessee did not object to the submissions of the ld. DR. Accordingly, we condone the delay of four days in filing the appeal and admit the appeal for hearing.
At the time of 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.
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 3 I.T.A. I.T.A. No. I.T.A. I.T.A. No. No.1253 No. 253 253/Chny 253 Chny Chny/18 Chny filed by the Revenue is not maintainable and accordingly the appeal of the Revenue is dismissed.
In the result the appeal filed by the Revenue is dismissed.