ACIT NON CORPORATE CIRCLE 5, COIMBATORE vs. SHRI. SP VELU, COIMBATORE

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ITA 397/CHNY/2018Status: DisposedITAT Chennai17 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 held that the appeal filed by the Revenue was not maintainable due to the CBDT's monetary limit for appeals. Consequently, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT against the order of the CIT(A). At the time of hearing, the Revenue's representative conceded that the tax effect was below the monetary limit set by the CBDT for filing appeals.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal given the CBDT's monetary limit for filing appeals.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C BENCH, CHENNAI

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

Pronounced: 17.07.2018

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), Coimbatore, dated 16.11.2017 in Appeal No.05/16-17 for the assessment year 2013-14 passed U/s. 250(6) r.w.s. 143(3) of the Act. At the time of hearing the Ld.AR was not present before the Bench, however on perusing the file and the submission of the Ld.DR the Bench decided to hear the appeal ex-parte.

2.

At the outset, we find that the CBDT in its latest Circular No.3/2018 dated 11.07.2018 had fixed the monetary tax effect as Rs.20 lakhs for filing appeal before the Tribunal. It is also apparent from the orders of the Ld.Revenue Authorities that in the case of the assessee, tax effect is below Rs.20 lakhs which is conceded by the Ld.DR. Hence due to the instructions issued by the CBDT vide its Circular mentioned herein above, we hereby hold that the appeal filed by the Revenue is not maintainable and accordingly the appeal of the Revenue is dismissed.

3.

In the result the appeal filed by the Revenue is dismissed.

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

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