DCIT CORPORATE CIRCLE 3 (1), CHENNAI vs. M/S TRIMEX SANDS PRIVATE LIMITED, CHENNAI

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ITA 1683/CHNY/2018Status: DisposedITAT Chennai17 September 2018AY 2013-142 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 of Rs. 20 lakhs prescribed by CBDT Circular No. 3/2018.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for AY 2013-14. At the time of hearing, no one appeared for the assessee, and the Revenue's counsel could not controvert the bench's observation.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the Tribunal due to the tax effect being below the prescribed monetary limit.

Which sections of the Income-tax Act were involved?

Section 250,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: SHRI A.MOHAN ALANKAMONY & SHRI DUVVURU RL REDDY

Pronounced: 17.09.2018

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)-11, Chennai, dated 28.02.2018 in for the assessment year 2013-14 passed U/s. 250(6) r.w.s. 143(3) of the Act. At the time of hearing none appeared on behalf of the assessee, however on perusing the appeal it was observed that the appeal is not maintainable since the tax effect is below Rs.20 lakhs. The Ld.DR also could not controvert to the finding of the Bench.

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, 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.

3.

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

Order pronounced in the open court on 17th September, 2018 at Chennai.

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