ACIT, NON CORPORATE CIRCLE-1, COIMBATORE vs. V R FOUNDARIES, COIMBATORE

The appeal by the Revenue is directed against the order passed by the learned Commissioner of Income Tax (Appeals)-2, Chennai, dated 28.09.2017 in for the assessment year 2013- 14 passed U/s.250(6) r.w.s. 143 of the Act.

There is a delay of 24 days in filing the appeal by the Revenue. The Ld.DCIT has furnished an affidavit before us stating that the delay had occurred due to displacement of assessment records. It was therefore pleaded that the short delay in filing the appeal may be condoned. The Ld.AR objected to the submission of the Ld.DR. However, after hearing both sides, though we do not appreciate the lethargic attitude of the Revenue, in the interest of justice we are of the considered view that the short delay in filing the appeal requires to be condoned. Accordingly we hereby condone the delay of 24 days in filing the appeal by the Revenue and proceed to hear the case on merits.

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.

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.

In the result appeal of the Revenue is dismissed.