ITO NON CORPORATE WARD 17(2) , CHENNAI vs. M.L.MANGESH , CHENNAI

This appeal filed by the Revenue is directed against the order of the Commissioner of Income Tax (Appeals) 5, Chennai dated 09.05.2017 relevant to the assessment year 2005-06 [wrongly typed as 2007-08]. In Form No. 36 under Col. 3 – “Assessment Year”, it is mentioned as 2007-08, whereas, in the assessment order dated 08.03.2013, Form No. 35 filed before the ld. CIT(A) as well as in the appellate order, the assessment year is mentioned as 2005-06.

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 ₹.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 ₹.10,00,000/- in this appeal. Accordingly, the appeal filed by the Revenue is dismissed as un-admitted.

In the result, the appeal filed by the Revenue is dismissed. Order pronounced on the 27th December, 2017 at Chennai.