ACIT, CHENNAI vs. BHERUDAN DUGAR FINACNE LTD., CHENNAI

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ITA 675/CHNY/2017Status: DisposedITAT Chennai15 January 2018AY 2006-072 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 as per CBDT Circular No. 21/2015, an appeal of the Revenue will not lie before the Tribunal if the tax effect is less than ₹10,00,000. The departmental representative agreed that the tax effect was below this limit.

What were the facts?

The Revenue appealed against the deletion of an addition of ₹6,76,330 by the CIT(A). The assessee argued that the appeal should not lie due to low tax effect as per 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 threshold stipulated by the CBDT circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH : CHENNAI

Before: SHRI ABRAHAM P.GEORGE & SHRI GEORGE MATHAN

For Respondent: Shri. V. Jagadisan, C.A

आदेश / O R D E R

PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER:

1.

This appeal of the Revenue is directed against an order dated 05.01.2017 of the Commissioner of Income-tax (Appeals)-1, Chennai.

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

Departmental appeal was against deletion of an addition of �6,76,330/-, by the ld. Commissioner of Income Tax (Appeals). As per . :- 2 -: ld. Authorised Representative tax effect being 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.

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

We have considered the rival contentions and perused the 4. orders of the authorities below. By virtue of Circular No.21/2015, dated 10.12.2015, an appeal of the Revenue will 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 in the open court at the time of hearing on Thursday, the 11th January, 2018, at Chennai.

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