ACIT, COIMBATORE vs. SHRI A. CHANDRASEKARAN, TRICHY

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ITA 2708/CHNY/2016Status: DisposedITAT Chennai03 April 2017AY 2008-092 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 by virtue of 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/-. Since the tax effect in this case was below the prescribed limit, the appeal was not maintainable.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A). The assessee contended that the appeal would not lie as the tax effect was below the threshold limit prescribed by CBDT Circular No. 21/2015. The Departmental Representative agreed with this submission.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable before the ITAT given the tax effect was below the monetary limit set by the CBDT circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B ’ (SMC

Before: SHRI ABRAHAM P. GEORGE]

आदेश / O R D E R

1.

This appeal of the Revenue is directed against an order dated 30.06.2016 of the Commissioner of Income-tax (Appeals)-18, Chennai.

2.

Ld. Counsel for the assessee at the outset submitted that tax on the total income computed by the ld. Assessing Officer was only

ITA No. 2708/Mds/2016 :- 2 -:

�3,10,520/- and accordingly by virtue of CBDT Circular No.21/2015, dated 10.12.2015, the appeal will not lie.

3.

Per contra, ld. Departmental Representative fairly agreed that disallowance deleted by the ld. Commissioner of Income Tax (Appeals) in the appeal of the assessee was �3,10,520/- and tax effect thereof was less than the limit mentioned in the CBDT circular.

We have considered the rival contentions and perused the 4. orders of the authorities below. By virtue of Circular No.21/2015, dated 10.12.2015, an appeal of the Revenue would not lie before this Tribunal where the tax effect is less than �10,00,000/-.

5.

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

Order pronounced on Wednesday, the 12th day of April , 2017, at Chennai.

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