DCIT, CHENNAI vs. RAVI GEORGE, CHENNAI

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ITA 540/CHNY/2017Status: DisposedITAT Chennai03 May 2017AY 2004-052 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 noted that the tax effect was below the threshold limit specified in CBDT Circular No. 21/2015. The Departmental Representative could not provide any reason for the appeal to lie. Therefore, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The total income assessed was Rs. 3,28,638/-. The tax effect was less than Rs. 10,00,000/-.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT when the tax effect is below the monetary limit prescribed by CBDT Circular No. 21/2015.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘ D’ BENCH : CHENNAI

Before: SHRI ABRAHAM P. GEORGE & SHRI G. PAVAN KUMAR

आदेश / O R D E R

PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER:

1.

This appeal of the Revenue is directed against an order dated 30.11.2016 of the Commissioner of Income-tax (Appeals)-3, Chennai.

Bench pointed out to the ld. Departmental Representative 2. that the total income assessed itself was only �3,28,638/- and the tax . :- 2 -: effect was less than ten lakhs. Bench queried whether the appeal will lie, in view of CBDT Circular No.21/2015, dated 10.12.2015.

3.

Ld. Departmental Representative fairly agreed that tax effect was less than the limit mentioned in the CBDT circular.

We have considered the submissions and perused the orders 4. of the authorities below. Ld. Departmental Representative could not point out whether the case fell within any of the exemptions mentioned in Circular No.21/2015, dated 10.12.2015. As per this circular an appeal of the Revenue will not lie before this Tribunal where the tax effect is less than �10,00,000/-.

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