ITO, NAMAKKAL vs. S.A.63, KOLLI HILLS POWERKADU HILL TRIBES LAMP CO-OPERATIVE SOCIETY LTD., RASIPURAM

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ITA 3364/CHNY/2016Status: DisposedITAT Chennai17 May 2017AY 2012-133 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 as per CBDT Circular No. 21/2015, an appeal of the Revenue would not lie before the Tribunal if the tax effect is less than ₹10,00,000. The Departmental Representative fairly agreed that the tax effect was below the limit.

What were the facts?

The Department appealed against the deletion of a disallowance of ₹33,10,066 made under Section 80P(2)(a)(i). The assessee argued that the tax effect was below the limit specified in CBDT Circular No. 21/2015, making the appeal not maintainable.

What were the issues?

Whether the departmental appeal is maintainable before the Tribunal when the tax effect is below the monetary limit prescribed by CBDT circular.

Which sections of the Income-tax Act were involved?

Section 80P(2)(a)(i)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ (SMC

Before: SHRI GEORGE MATHAN]

आदेश / O R D E R

1.

This is an appeal filed by the Department against the order of the ld. Commissioner of Income Tax (Appeals), Salem, in appeal No. 09/15-16, dated 29.09.2016 for the assessment year 2012- 2013.

ITA No. 3364/Mds/2016 :- 2 -:

Shri. V. Nandakumar represented on behalf of the Revenue 2. and Shri. T. Vasudevan, represented on behalf of the assessee.

Ld. Counsel for the assessee at the outset submitted that 3. Departmental appeal was against disallowance of �33,10,066/- levied u/s. 80P(2)(a)(i) of the Income Tax Act, 1961 (in short ‘’the Act’’) which was deleted by the ld. Commissioner of Income Tax (Appeals).

As per ld. Authorised Representative tax effect was less than ten lakhs, by virtue of CBDT Circular No.21/2015, dated 10.12.2015, the appeal will not lie.

Per contra, ld. Departmental Representative fairly agreed 4. that �33,10,066/- disallowance deleted by the ld. Commissioner of Income Tax (Appeals) and tax effect thereof was less than the limit mentioned in the CBDT circular.

I have considered the rival submissions. By virtue of Circular 5. No.21/2015, dated 10.12.2015, an appeal of the Revenue would not lie

ITA No. 3364/Mds/2016 :- 3 -: before this Tribunal where the tax effect is less than �10,00,000/-.

6.

In the result, the appeal of the Revenue stands dismissed.

Order pronounced in the open court at the time of hearing on Wednesday, the 17th day of May , 2017, at Chennai.

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