DCIT CORPORATE CIRCLE 2(1) , CHENNAI vs. G.M.PENS INTERNATIONAL PVT. LTD. , CHENNAI

the Order of the Commissioner of Income Tax (Appeals)-6, Chennai, in & CO No.145/Mds/2017 :- 2 -: (A)-6/2015-16 dated 12.06.2017 for the AY 2013-14 and CO No.145/Mds/2017 is a Cross-Objection filed by the assessee in the Revenue’s appeal No.1949/Mds/2017 for the AY 2013-14.

Shri N.Madhavan, ACIT, represented on behalf of the Revenue and Shri N.Quadir Hoseyn, Adv. represented on behalf of the assessee.

At the time of hearing, it was submitted by the Ld.AR that the issue in the Revenue’s appeal was only in respect of the disallowance made u/s.14A of the Act to the extent of Rs.12,27,661/-. It was a submission that the appeal of the Revenue is liable to be dismissed on account of low tax effect.

In reply, the Ld.DR vehemently supported the order of the AO and the Ld.CIT(A).

We have considered the rival submissions. At the time of hearing the Ld. Counsel for the assessee has submitted that the tax effect in the appeal filed by the Revenue is less than the monetary limit of Rs.10,00,000/- fixed by the CBDT to file an appeal by the Revenue before the Tribunal as per the CBDT Circular No. 21/2015, dated 10.12.2015. The Ld. DR fairly conceded the submissions made by the Ld. Counsel for the assessee. Being so, the Revenue authorities are precluded from filing the appeal before the Tribunal, since the tax effect is less than Rs.10,00,000/- & CO No.145/Mds/2017 :- 3 -: in this appeal. Accordingly, the appeal filed by the Revenue is dismissed as un-admitted.

In respect of the Cross-Objection filed by the AO, the Ld.AR did not wish to press the same. Consequently, the Cross-Objection filed by the assessee is dismissed as withdrawn.

In the result, the appeal filed by the Revenue and the Cross- Objection filed by the assessee are dismissed.