DCIT, COIMBATORE vs. K.G.DENIM LIMITED, COIMBATORE

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ITA 1463/CHNY/2017Status: DisposedITAT Chennai30 July 2018AY 2013-142 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 found merit in the assessee's submission. The CBDT circular mandates that appeals should not be filed if the tax effect is below Rs. 20 lakhs, which was the case here.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The assessee's representative argued that the appeal was not maintainable due to a CBDT circular on monetary limits.

What were the issues?

Maintainability of the Revenue's appeal before the ITAT based on the monetary limit prescribed by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 250(6),Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI

Before: SHRI A.MOHAN ALANKAMONY & SHRI DUVVURU RL REDDY

Hearing: 26.07.2018Pronounced: 30.07.2018

आदेश / O R D E R

Per A. Mohan Alankamony, AM:-

1.

This appeal by the Revenue is directed against the order passed by the learned Commissioner of Income Tax(Appeals)-1, Chennai, dated 31.03.2017 in for the assessment year 2013-14 passed U/s. 250(6) r.w.s. 143(3) 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.

3.

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.

4.

In the result appeal of the Revenue is dismissed.

Order pronounced on the 30th July, 2018 at Chennai.

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