Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, ‘B’ (SMC
Before: SHRI GEORGE MATHAN]
आदेश / O R D E R
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/-.
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.