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

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:-

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.

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