What did the Tribunal hold?

The Tribunal noted that the tax effect was less than Rs. 20.00 lakhs. Based on CBDT Circular No. 3/2018, such appeals are not maintainable before the Tribunal.

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The assessee's counsel pointed out that the tax effect in the appeal was less than Rs. 20.00 lakhs.

What were the issues?

Whether an appeal filed by the Revenue is maintainable before the ITAT when the tax effect is below the threshold prescribed by CBDT circulars.

ACIT vs Tejas, Coimbatore | ITAT Chennai 2018

Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI

Before: SHRI A. MOHAN ALANKAMONY & SHRI DUVVURU R.L.REDDY

Hearing: 24.09.2018

आदेश / O R D E R PER DUVVURU R.L.REDDY, JUDICIAL MEMBER:

This appeal filed by the Revenue is directed against the order of the Commissioner of Income Tax (Appeals)-2, Coimbatore, in 15 dated 31.03.2017 for the AY 2011-12.

The appeal of the Revenue is filed with ‘05’ days delay and the reason stated in the Affidavit are just, therefore, we condoned the delay and admit the appeal for hearing.

The Counsels for the assessee pointed out that the tax effect in this case was less than Rs.20.00 lakhs. Hence, the appeal 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.

We have heard the rival contentions and perused the orders of the authorities below.

The tax effect in the appeal of the Revenue being less than Rs.20.00 lakhs, it cannot survive.

In the result, the appeal filed by the Revenue is dismissed.

Order pronounced on the 24th day of September, 2018 in Chennai.

ACIT NON CORP. CIRCLE 2, COIMBATORE vs. TEJAS, COIMBATORE

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