ACIT CENTRAL CIRCLE 3(1), CHENNAI vs. MAYAN INFRASTRUCTURE PVT LTD., CHENNAI

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ITA 1528/CHNY/2017Status: DisposedITAT Chennai24 September 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 noted that the tax effect in the Revenue's appeals was below the threshold limit prescribed by CBDT Circular No. 3/2018. Consequently, the Revenue's appeals were dismissed.

What were the facts?

The Revenue filed appeals before the ITAT with a delay of 7 days, which was condoned. The assessee also filed cross-objections.

What were the issues?

The primary issue was whether the Revenue's appeals were maintainable before the Tribunal given the low tax effect, as per CBDT guidelines.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI

Before: SHRI ABRAHAM P.GEORGE & SHRI DUVVURU R.L.REDDY

Hearing: 08.08.2018Pronounced: 24.09.2018

आदेश / O R D E R PER BENCH:

1.

These appeals filed by the Revenue are directed against the order of the Commissioner of Income Tax (Appeals)-19, Chennai, in 78, 79, 80/14-15 dated 21.03.2017 for the AYs 2008-09, 2010-11 & 2011-12 and the Cross-Objections filed by the assessee in ITA Nos.1527, 1528 & 1529/Chny/2017.

2.

The appeals of the Revenue are filed with ‘07’ days delay and the reason stated in the Affidavit are just, therefore, we condoned the delay and admit the appeals for hearing.

3.

The Bench observed that the tax effect in these appeals were less than Rs.20.00 lakhs and hence, the appeals of the Revenue would not lie before this Tribunal by virtue of CBDT Circular No. 3/2018 dated 11.07.2018. Ld.DR fairly agreed that the tax effect was less than Rs.20.00 lakhs.

4.

We have heard the Ld.DR and perused the orders of the authorities below. The tax effect in the appeals of the Revenue being less than Rs.20.00 lakhs, it cannot survive. Thus, all the appeals of the Revenue are dismissed.

::3:: & CO Nos.172-174/Chny/2017

5.

Since we have dismissed all the appeals filed by the Revenue, the Cross-Objections filed by the assessee become infructuous and accordingly, all the Cross-Objections are dismissed.

6.

In the result, the appeals filed by the Revenue & Cross-Objections filed by the assessee are dismissed.

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