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Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI A.MOHAN ALANKAMONY
आदेश / O R D E R
Per A. Mohan Alankamony, AM:-
This appeal by the Revenue is directed against the order passed by the learned Commissioner of Income Tax (Appeals)-1, Madurai dated 24.04.2017 in for the assessment year 2012-13 passed U/s. 250(6) r.w.s 143(3) & 147 of the Act. appeal:-
The order of the CIT(A) is opposed to law on the facts and in the circumstances of the case.
The CIT(A) erred in holding that reopening is bad in law since it based on change in opinion when the statute permits the Assessing officer to reopen the assessment within four years from the end of the assessment year if he has a reason to believe that any income chargeable to tax has escaped assessment.
3. The CIT(A) has erred in holding that while completing the assessment the Assessing officer was aware that the return was filed belatedly and thereafter had allowed deduction u/s.80IA and therefore the reopening of assessment is not permissible in law. The CIT(A) ought to have seen that there is no such discussion in the assessment order and hence ought not to have cancelled the entire assessment proceedings.
4. The CIT(A) has erred in holding that there was reasonable cause and the delay of 5 days was unavoidable due to the fact that the system was not functioning properly and therefore the assessee is entitle to deduction u/s.80IA.
5. The CIT(A) ought to have seen that as per section 80AC, in order to claim deduction u/s.80IA, the return of income shall be filed within the due date u/s.139(1) and since the above condition was not satisfied by the assessee, the assessee is not entitled to deduction u/s.80IA and hence ought to have sustained the addition made by the assessing officer.
For these and such other grounds that may be adduced at the time of hearing it is prayed that the order of the CIT(A) may be reversed and that of the Assessing Officer restored.
At the outset, the Ld.AR submitted before us that the above mentioned appeal is not maintainable due to the Circular No.21/2013 dated 10.12.2015 issued by the CBDT with respect to monetary limit. Hence, it was pleaded that the appeal of the
After hearing both sides we find merit in the submission of the Ld.AR. The CBDT has directed the Revenue not to file appeal before the Tribunal where the tax effect does not exceed Rs.10 lakhs. In the above mentioned appeal of the assessee the tax effect is less than Rs.10 lakhs. Therefore, we hereby dismiss the appeal filed by the Revenue as not maintainable.
In the result the appeal filed by the Revenue is dismissed in limini.
Order pronounced on the 12th December, 2017 at Chennai.