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Income Tax Appellate Tribunal, “C” BENCH, CHENNAI
Before: SHRI GEORGE MATHAN & SHRI S. JAYARAMAN
आदेश/ O R D E R
PER BENCH:
The Revenue filed this appeal against the order of Commissioner of Income Tax (Appeals)-8, Chennai in dated 29.07.2017 for assessment year 2014-15 and the assessee filed CO against the same order.
M/s. Maurya Hotels (Madras) Pvt Ltd., the assessee, is engaged in the hotel business. While making the assessment for assessment year 2014-15, the AO found that the assessee has not remitted the employees contribution towards PF/ESI within the due date under the respective statue, but made it well within the due date of filing the return u/s. 139(1) of the Income Tax Act, 1961.
Aggrieved, the assessee filed an appeal before the CIT(A). Before the CIT(A), the assessee relied on the decision of various High Courts and tribunal decision. The CIT(A) following the decision of the Jurisdictional High Court in the case of M/s. Industrial Security and Intelligence Pvt. Ltd., (TCA No. 586/2016) has allowed the assessee’s appeal. Aggrieved, the Revenue filed this appeal in ITA No. 2995/2017.
The assessee filed CO with the following plea:
“(1) There is a mistake in the Ground No.2 taken by the Appellant namely in the amount deleted it is mentioned as Rs.84,38,293 whereas the deletion is only Rs.6,71 243/- and not Rs.84,38,293/-. (2) This, in turn, will reduce the tax effect which will be less than Rs.2 Lakhs. As per Circular No.21/2015 of the Central Board of Direct Taxes, the appeal can be filed for the Tribunal in the dispute if the tax effect is above Rs.10 Lakhs. Hence, the appeal has to be summarily dismissed.”
We heard the rival submissions. We find merit in the plea raised by the CO and hence, the CO is allowed. Since, the CIT(A) has applied the decision
:-3-: CO No: 39/Chny/2018 of the Jurisdictional High Court, the Revenue’s appeal is dismissed both on merit as well as on the assessee’s plea on the tax monitory limit.
In the result, Revenue’s appeal in is dismissed and assessee’s CO in CO No. 39/2018 is allowed.
Order pronounced in the open court on 01st May, 2018 at Chennai.