ITO, CHENNAI vs. P.JAYALAKSHMI, CHENNAI

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ITA 1264/CHNY/2017Status: DisposedITAT Chennai04 September 2018AY 2010-112 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 could not survive as the tax effect was below the threshold limit prescribed by the CBDT circular. Therefore, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee's counsel pointed out that the tax effect was less than Rs. 20.00 lakhs. The Departmental Representative agreed with this assessment.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal when the tax effect is below the prescribed monetary limit as per CBDT circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH: CHENNAI

Before: SHRI ABRAHAM P.GEORGE & SHRI DUVVURU R.L.REDDY

Hearing: 04.09.2018Pronounced: 04.09.2018

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

1.

This appeal filed by the Revenue is directed against the order of the Commissioner of Income Tax (Appeals)-15, Chennai, in /CIT(A)-12/2013-14 dated 10.02.2017 for the AY 2010-11.

2.

The Counsel 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.

3.

Ld. Departmental Representative fairly agreed that the tax effect was less than Rs.20.00 lakhs.

4.

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

5.

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

6.

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

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