DCIT CORPORATE CIRCLE 2(1), CHENNAI vs. FAURECIA EMIISION CONTROL TECHNOLOGIES PVT LTD., CHENNAI

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ITA 1139/CHNY/2018Status: DisposedITAT Chennai03 September 2018AY 2010-113 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 noted that the tax effect was less than the prescribed limit. Therefore, the appeal filed by the Revenue could not be sustained.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The assessee pointed out that the tax effect was below the threshold limit prescribed by CBDT Circular No.3/2018.

What were the issues?

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

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, ‘C’ BENCH : CHENNAI

Before: SHRI ABRAHAM P. GEORGE & SHRI DUVVURU RL REDDY]

For Respondent: Shri. Girish S Sundar, C.A

आदेश / O R D E R

PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER

1.

This appeal of the Revenue is directed against an order dated 29.12.2017 of the Commissioner of Income-tax (Appeals)-03, Chennai.

ITA No.1139 /2018 :- 2 -:

2.

Ld. Counsel for the assessee pointed out the tax effect in this case was less than �20,00,000/- and hence an appeal would not lie before this Tribunal by virtue of CBDT Circular No.3/2018, dated 11.07.2018

Per contra, ld. Departmental Representative fairly agreed 3.

that the tax effect was less than �20,00,000/- and by virtue of para 13 of the Circular mentioned (supra) pending appeals before the specific tax limit had to be withdrawn/not pressed.

4.

We have considered the rival contentions and perused the orders of the authorities below. Considering the submissions of the ld. Authorised Representative and the tax effect in this appeal which is less than �20,00,000/-, appeal of the Revenue cannot survive.

In the result, the appeal of the Revenue stands dismissed . 5.

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