ACIT CORPORATE CIRCLE 5(2), CHENNAI vs. PRODAPT SOLUTIONS PRIVATE LIMITED, CHENNAI

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ITA 2526/CHNY/2017Status: DisposedITAT Chennai17 July 2018AY 2011-123 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 filed by the Revenue was not maintainable due to the CBDT's circular regarding monetary limits for filing appeals. Consequently, the assessee's cross-objection was rendered infructuous.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The assessee also filed a cross-objection. The appeal was filed for the assessment year 2011-12.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT based on the monetary limit prescribed by a CBDT circular.

Which sections of the Income-tax Act were involved?

Section 250(6),Section 143(3),Section 92CA(4),Section 144C

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

For Respondent: Dr. Sreenivasa Rao, CIT
Pronounced: 17.07.2018

Heard together (2 matters)

I.T.A.No.2526/Chny/2017
C.O. No.6/Chny/2018

Read from the judgment's own cause title. This page is filed under one of them.

आदेश / O R D E R

Per A. Mohan Alankamony, AM:-

1.

The appeal by the Revenue is directed against the order passed by the learned Commissioner of Income Tax (Appeals)-3,

Chennai dated 30.06.2017 in for the CO No.6 /Chny/2018 assessment year 2011-12 passed U/s.250(6) r.w.s. 143(3) and 92CA(4) & 144C of the Act. The assessee has also raised cross objection in support of the order of the Ld.CIT(A) supra.

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.

Since we have dismissed the appeal filed by the Revenue on monetary limits, the cross objection filed by the assessee has become infructuous and dismissed accordingly.

CO No.6 /Chny/2018 5. In the result the appeal filed by the Revenue as well as the cross objection filed by the assessee are dismissed.

Order pronounced in the open court on 17th July, 2018 at Chennai.

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