What did the Tribunal hold?

The Tribunal held that the appeal filed by the Revenue was not maintainable as the tax effect was below the prescribed monetary limit and no exceptions were applicable. Therefore, the appeal was dismissed in limine.

The Revenue filed an appeal before the ITAT against the order of the CIT(A). The tax effect in the appeal was below the monetary limit prescribed by the CBDT for filing appeals.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the Tribunal in view of the low tax effect, as per CBDT circulars.

DCIT vs M/S Nezone Tubes Ltd. | ITAT Kolkata 2018

Income Tax Appellate Tribunal, KOLKATA BENCH “C” KOLKATA

Before: Shri N.V.Vasudevan & Shri Waseem Ahmed

आदेश /O R D E R PER Waseem Ahmed, Accountant Member:- This appeal by the Revenue for the Assessment Year 2009-10 is directed against the order of Commissioner of Income Tax (Appeals)-XX, Kolkata dated 06.01.2014.

Shri Saslong Yaden, Ld. Departmental Representative appeared on behalf of Revenue and Shri V.N. Purhit, Ld. Authorized Representative appeared on behalf of assessee.

At the outset, we find that tax effect in this appeal filed by the Revenue is below the limit of ₹ 10 lakh which was fixed by the CBDT vide Circular No. A.Y.2009-10 DCIT, CC-VII, Kol Vs. M/s Nezone Tubes Ltd. Page 2 21 of 2015 dated 10.12.2015 for not filing appeals before the Tribunal. However there are certain exceptions curved out in the said Circular where monetary limit of Rs. 10 lacs is not applicable but Ld. DR could not point out that present appeal falls under any of the exceptions mentioned in the said Circular. In these circumstances, this appeal filed by the Revenue stand dismissed in limine on account of low tax effect.

DCIT, CC-VII, KOLKATA, KOLKATA vs. M/S NEZONE TUBES LTD., KOLKATA

What did the Tribunal hold?

What were the facts?

What were the issues?

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