ITO CORPORATE WARD 1(1), CHENNAI vs. ACURUS SOLUTIONS PRIVATE LIMITED, CHENNAI

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ITA 1003/CHNY/2018Status: DisposedITAT Chennai04 September 2018AY 2009-102 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable due to a CBDT circular regarding monetary limits for filing appeals. The tax effect in the appeal was below the prescribed limit.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The assessee's appeal concerned the assessment year 2009-10.

What were the issues?

Maintainability of the Revenue's appeal before the ITAT based on CBDT's monetary limit circular.

Which sections of the Income-tax Act were involved?

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

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI A.MOHAN ALANKAMONY

Hearing: 04.09.2018

आदेश / O R D E R

Per A. Mohan Alankamony, AM:- The appeal by the Revenue is directed against the order passed by the learned Commissioner of Income Tax (Appeals)-4, Chennai, dated 13.12.2017 in ITA No.321/2016-17/A.Y.2009-10/CIT(A)-4 for the assessment year 2009-10 passed U/s.250(6) r.w.s. 143(3) & 147 of the Act.

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.

4.

After hearing both sides we find merit in the submission of the Ld.AR. The CBDT has directed the Revenue not to file appeal before the Tribunal where the tax effect does not exceed Rs.20 lakhs. In the above mentioned appeal of the assessee the tax effect is less than Rs.20 lakhs. Therefore, we hereby dismiss the appeal filed by the Revenue as not maintainable.

5.

In the result appeal of the Revenue is dismissed.

Order pronounced in the open court on the 4th September, 2018 at Chennai.

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