DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE, MADURAI vs. THATHI RAMASAMY NAICKER VARADHARAJAN, ARUPPUKOTTAI

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ITA 1266/CHNY/2023Status: DisposedITAT Chennai10 December 2024AY 2014-15Bench: Shri S.S. Viswanethra Ravi (Judicial Member), Shri S.R. Raghunatha (Accountant Member)1 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 since the tax effect was less than the prescribed monetary limit, the Revenue authorities were precluded from filing the appeal before the Tribunal. Therefore, the appeal was not maintainable.

What were the facts?

The Revenue filed an appeal against the order of the Commissioner of Income Tax (Appeals) for the assessment year 2014-15. During the hearing, the Revenue's counsel conceded that the tax effect in the appeal was below the monetary limit set by the CBDT for filing appeals.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the Tribunal given the tax effect is below the prescribed monetary limit?

Which sections of the Income-tax Act were involved?

CBDT Circular No. 06/2024

AI-generated summary — verify with the full judgment below

Before: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunatha

Hearing: 10.12.2024Pronounced: 10.12.2024

Year: 2014-15 The Deputy Commissioner of Vs. Shri Thathi Ramasamy Naicker Income Tax, Varadharajan, No. 1, T. Ramasamy Corporate Circle , Naicker Street, Vadugarkottai, Madurai. Aruppukottai 626 101. [PAN:AAGPV2535B] (अपीलाथ�/Appellant) (��थ�/Respondent) अपीलाथ� की ओर से / Appellant by : Shri Nilay Baran Som, CIT ��थ� की ओर से/Respondent by : Shri N. Arjun Raj, Advocate सुनवाई की तारीख/ Date of hearing : 10.12.2024 घोषणा की तारीख /Date of Pronouncement : 10.12.2024 आदेश /O R D E R

PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:

1.

This appeal filed by the Revenue is directed against the order dated 08.04.2024 passed by the ld. Commissioner of Income Tax (Appeals) – 19, Chennai for the assessment year 2014-15.

2.

When the appeal was taken up for hearing, the ld. AR Shri N. Arjun Raj, Advocate submits that the tax effect in the appeal filed by the Revenue is less than the monetary limit of ₹.60,00,000/- fixed by the CBDT to file an appeal by the Revenue before the Tribunal as per the CBDT Circular No. 06/2024, dated 17.09.2024. The ld. DR fairly conceded and being so, the Revenue authorities are precluded from filing the appeal before the Tribunal, since the tax effect is less than ₹.60,00,000/- in this appeal. Thus, the appeal filed by the Revenue is liable to be dismissed as not maintainable. Accordingly, the appeal filed by the Revenue is dismissed.

3.

In the result, the appeal filed by the Revenue is dismissed. Order pronounced in the open Court on 10th December, 2024 at Chennai.

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