ACIT, CHENNAI vs. TRADEMIN INTERNATIIONAL PVT LTD., CHENNAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal accepted the assessee's submission that the tax effect was below the monetary limit. Consequently, the Revenue was precluded from filing the appeal before the Tribunal.
What were the facts?
The Revenue filed an appeal before the ITAT against an order of the CIT(A) for AY 2003-04. At the time of hearing, the assessee pointed out that the tax effect in the 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.
Which sections of the Income-tax Act were involved?
CBDT Circular No. 21/2015
AI-generated summary — verify with the full judgment below
Before: Shri Chandra Poojari & Shri Duvvuru RL Reddy
O R D E R
PER DUVVURU RL REDDY, JUDICIAL MEMBER:
This appeal filed by the Revenue is directed against the order of the Commissioner of Income Tax (Appeals) 1, Chennai dated 19.02.2013 relevant to the assessment year 2003-04.
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 21st June, 2017 at Chennai.
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