ACIT NON CORPORATE CIRCLE 1(1), CHENNAI vs. C.R.NARAYANA RAO LLP, CHENNAI

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ITA 2968/CHNY/2017Status: DisposedITAT Chennai30 May 2018AY 2008-092 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 Revenue's appeal would not lie before it as the tax effect was less than the minimum limit prescribed by CBDT Circular No. 21/2015.

What were the facts?

The Revenue appealed against the deletion of a disallowance made under Section 14A. The assessee argued that the appeal would not lie due to the tax effect being below the threshold specified by CBDT Circular No. 21/2015.

What were the issues?

Whether the Revenue's appeal is maintainable before the Tribunal when the tax effect is below the monetary limit specified by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH : CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI ABRAHAM P. GEORGE]

आदेश / O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER

1.

This appeal filed by the Revenue is directed against an order dated 31.08.2017 of ld. Commissioner of Income Tax (Appeals)- 2, Chennai for the impugned assessment year.

Ld. Counsel for the assessee at the outset submitted that 2.

Departmental appeal was against disallowance of �1,30,090/- under Section 14A of the Income Tax Act, 1961 (in short ‘’the Act’’) which ITA No. 2968/2017 :- 2 -: was deleted by the ld. Commissioner of Income Tax (Appeals). As per ld. Authorised Representative tax effect was less than ten lakhs, by virtue of CBDT Circular No.21/2015, dated 10.12.2015, the appeal will not lie.

Per contra, ld. Departmental Representative fairly agreed 3.

the tax effect was less than the limit mentioned in the CBDT circular.

We have considered the contentions and perused the orders 4. of the authorities below. By virtue of Circular No.21/2015, dated 10.12.2015, an appeal of the Revenue would not lie before this Tribunal where the tax effect is less than �10,00,000/-.

5.

In the result, the appeal of the Revenue stands dismissed Order pronounced on Wednesday, the 30th day of May, 2018, at Chennai.

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