ACIT CORPORATE CIRCLE 3(1), CHENNAI vs. TAMILNADU WAREHOUSING CORPORATION LTD., CHENNAI

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ITA 2042/CHNY/2017Status: DisposedITAT Chennai18 September 2018AY 2006-073 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 Revenue's appeal was not maintainable due to the CBDT's Circular No.3/2018, which set a monetary limit of Rs.20 lakhs for appeals to the Tribunal. The tax effect in this case was below this limit.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2006-07. The assessee filed a cross-objection. The Revenue's appeal was based on the monetary limit for filing appeals.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal considering the monetary limits prescribed by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 250,Section 143,Section 147

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

For Respondent: Shri V. Nandakumar, JCIT, Shri M. Viswanathan, CA
Hearing: 18.09.2018Pronounced: 18.09.2018

Heard together (2 matters)

I.T.A.No.2042/Chny/2017
C.O. No.149/Chny/2017

Read from the judgment's own cause title. This page is filed under one of them.

आदेश / O R D E R

Per BENCH:-

1.

The appeal by the Revenue is directed against the order passed by the learned Commissioner of Income Tax (Appeals)- 11, Chennai dated 22.05.2017 in for the assessment year 2006-07 passed U/s.250(6) r.w.s. 143(3) &

CO No.149 /Chny/2017 147 of the Act. The assessee has also raised cross objection in support of the order of the Ld.CIT(A) supra.

2.

At the outset, the Ld.AR submitted before us that the above mentioned appeal is 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 appeal of the Revenue may be dismissed. The Ld. DR could not controvert to the submission of the Ld.AR.

3.

After hearing both sides we find merit in the submission of the Ld.AR. 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.

CO No.149 /Chny/2017 4. Since we have dismissed the appeal filed by the Revenue on monetary limits, the cross objection filed by the assessee has become infructuous.

5.

In the result the appeal filed by the Revenue as well as the cross objection filed by the assessee are dismissed.

Order pronounced in the open court on 18th September, 2018 at Chennai.

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