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

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ITA 1949/CHNY/2017Status: DisposedITAT Chennai11 January 2018AY 2013-143 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 was not maintainable due to low tax effect as per CBDT circular. The assessee did not wish to press their cross-objection.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order concerning a disallowance under Section 14A. The assessee filed a cross-objection. The tax effect in the Revenue's appeal 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 when the tax effect is below the prescribed monetary limit. Whether the assessee's cross-objection should be pressed.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI

Before: SHRI ABRAHAM P.GEORGE & SHRI GEORGE MATHAN

Hearing: 11.01.2018

आदेश / O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER:

1.

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.

2.

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

3.

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.

4.

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

5.

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.

6.

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.

7.

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

Order pronounced in the Open Court on January 11, 2018, at

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