DCIT CORPORATE CIRCLE 6(2), CHENNAI vs. SOUNDARARAJA MILLS PVT LTD., DINDIGUL

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ITA 1056/CHNY/2018Status: DisposedITAT Chennai04 September 2018AY 2008-092 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 of the Revenue could not survive as the tax effect was less than the prescribed monetary limit. Therefore, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The assessee's counsel pointed out that the tax effect in the appeal was less than Rs. 20.00 lakhs.

What were the issues?

Whether an appeal filed by the Revenue is maintainable before the ITAT when the tax effect is below the monetary limit prescribed by CBDT circulars.

Which sections of the Income-tax Act were involved?

CBDT Circular No. 3/2018

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: 03.09.2018

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 dated 27.12.2017 for the AY 2008-09.

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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