Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, “C” BENCH, CHENNAI
Before: SHRI SANJAY ARORA & SHRI G. PAVAN KUMAR
आदेश /O R D E R
PER BENCH:
The appeal of the Revenue and Cross Objection by the assessee are directed against common order of the Commissioner of Income Tax
:-2-: I.T.A.No. 1949/Mds/2016 C.O. No. 143/Mds/2016 (Appeals)- Puducherry in & 62/CIT(A)-PDY/2014-15 dated 16.03.2016 passed u/s. 271(1)(c) and 250 of the Income Tax Act, 1961 (herein after referred as 'the Act').
There is a delay of 12 days in filing the appeal by the Revenue. At the time of hearing, the Ld. DR has filed an affidavit explaining the reasons for delay and the Ld. AR has no serious objections for condonation of delay.
After hearing the submissions, we are satisfied with sufficient and reasonable cause for filing the appeal belatedly and we, therefore condone the delay and admit the appeal. Similarly, Cross objection filed by the assessee with delay of 8 days and at the time of hearing the Ld. AR explained the reasons and DR has no objections and we find there is a reasonable cause in filing the CO Belatedly and we condone the delay and admit.
At the time of hearing, both the parties fairly conceded that Tax effect in this appeal is less than monetary limit of Rs. 10,00,000/- fixed by the CBDT to file an appeal by the Revenue before the Tribunal as per the CBDT Circular No. 21/2015, dated 10th December, 2015 and the Revenue authorities are precluded from filing and prosecuting the appeal before the Tribunal. Accordingly, Revenue appeal is dismissed as un-admitted.
:-3-: I.T.A.No. 1949/Mds/2016 C.O. No. 143/Mds/2016
The Cross Objections filed by the assessee has become infructous and dismissed
In the result, the appeal for assessment year 2010-11 of the Revenue and Cross Objection by the assessee are dismissed.
Order pronounced on Tuesday, the 31st day of January, 2017 at Chennai.