ACIT, COIMBATORE vs. RASI ASSETS CORPORATION, COIMBATORE

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ITA 159/CHNY/2017Status: DisposedITAT Chennai28 April 20173 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 the CBDT circular increasing the monetary limit for appeals to Rs. 10 lakhs, and its retrospective application, made the Revenue's appeals not maintainable. Therefore, the appeals were dismissed.

What were the facts?

The Revenue filed appeals against the CIT(A) orders concerning disallowance of expenditure related to dividend income. The tax effect in these appeals was below Rs. 10 lakhs.

What were the issues?

Whether appeals filed by the Revenue are maintainable given the tax effect and the applicability of CBDT circulars on monetary limits for filing appeals.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI D.S.SUNDER SINGH

Hearing: 27.04.2017

आदेश / O R D E R

PER D.S.SUNDER SINGH, ACCOUNTANT MEMBER:

These appeals are filed by the Revenue against the Orders dated 21.10.2016 of Commissioner of Income Tax (Appeals)-18, Chennai, in to 55/15-16 for the AYs 2008-09, 2009-10, 2010-11, 2011-12 and 2012-2013. to 159/Mds/2017 :-2-:

2.0 Delay:

The Revenue filed appeals with delay of three days and the Ld.AO filed the condonation petition explaining the reason for delay. We heard both the parties and condoned the delay.

3.0 The assessee made investments in shares and securities and received the dividend income which was claimed as exemption. The Assessing Officer disallowed the expenditure relating to the dividend income u/s.14A r/w Rule 8D of Income Tax Rules for the AYs as per the details given below:

Disallowance Case No. AY made (in Rs.) 2008-09 5,73,149 ITA No.156/Mds/2017 2009-10 5,38,632 ITA No.157/Mds/2017 2010-11 5,81,579 ITA No.158/Mds/2017 2011-12 6,39,630 ITA No.159/Mds/2017 2012-13 5,87,287

On hearing from the Ld.Departmental Representative, we find that the tax effect in the above appeals are less than Rs.10 lakhs. The CBDT in Circular No.21/2015 dated 10.12.2015 increased the monetary limit for filing appeal before this Tribunal from Rs.4 lakhs to Rs.10 lakhs. The CBDT further clarified that the Instruction dated 10.12.2015 will apply retrospectively to all the pending appeals before this Tribunal. The CBDT has also instructed its officers to withdraw the appeals pending before this Tribunal. In view of the above, this Tribunal is of the considered opinion to 159/Mds/2017 :-3-: that the Circular issued by the CBDT on 10.12.2015 is binding on the Department. Therefore, the appeal filed by the Revenue is not maintainable. Accordingly, the appeal of the Revenue is dismissed.

4.0 In the result, the above five appeals of the Revenue for the AYs 2008-09, 2009-10, 2010-11, 2011-12 and 2012-13 are dismissed.

Order pronounced in the Open Court on 28th April, 2017, at Chennai.

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