ACIT TRUST CENTRAL CIRCLE 2 (4) INVESTIGATION WING, CHENNAI vs. DR DHARMAMBAL NAMASIVAYAM, CHENNAI

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ITA 1120/CHNY/2018Status: DisposedITAT Chennai19 September 2018AY 2002-033 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 found merit in the assessee's submission, noting that the tax effect in all appeals was below the Rs. 20 lakhs limit set by CBDT Circular No. 3/2018. Therefore, the appeals were deemed not maintainable.

What were the facts?

The Revenue filed appeals before the ITAT for assessment years 2002-03 to 2004-05 and 2006-07. The assessee's representative argued that the appeals were not maintainable due to a CBDT circular on monetary limits.

What were the issues?

The primary issue was the maintainability of the Revenue's appeals before the ITAT based on the monetary limits prescribed by the CBDT for filing appeals.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144,Section 147,Section 250(6)

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: 19.09.2018

आदेश / O R D E R

Per A. Mohan Alankamony, AM:-

1.

These appeals by the Revenue are directed against the orders passed by the learned Commissioner of Income Tax(Appeals) 18, Chennai, all dated 28.12.2017 in 633/15-16 for the assessment years 2002-03 & 2003-04 passed U/s. 250(6) r.w.s. 143(3) & 147 of the Act, ITA No. 631/15-16 for the assessment year 2004-05 passed U/s.250(6) r.w.s. 143(3) of the Act & ITA 630/15-16 for the assessment year 2006-07 passed U/s.250(6) r.w.s. 144 of the Act. mentioned appeals are not maintainable due to the latest Circular No.3/2018 dated 11.07.2018 issued by the CBDT with respect to monetary limit. Hence, it was pleaded that the appeals of the Revenue may be dismissed. The Ld.DR has also filed letter No. DCIT-CC2(4)/ITAT./AAATD0425G/2018-19 dated 17.09.2018 stating the tax effect in the case of the assessee in all the four appeals as follows:-

S.No. Assessment year Tax effect (in Rs.) 1 2002-03 48,348 2 2003-04 9,17,994 3 2004-05 3,18,590 2006-07 2,08,551 4

3.

After hearing both sides we find merit in the submission of the Ld.AR. As admitted by the Ld.DR the tax effect in all the above appeals is below Rs.20 lakhs. 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. Hence due to the instructions issued by the CBDT vide its Circular mentioned herein above, we hereby hold that the appeals filed by the Revenue are not maintainable and accordingly the appeals of the Revenue are dismissed.

4.

In the result all the appeals filed by the Revenue are dismissed.

Order pronounced in the open court on 19th September, 2018 at Chennai.

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