What did the Tribunal hold?

The Tribunal held that the Revenue authorities were precluded from filing and prosecuting the appeal due to the low tax effect. Therefore, the appeal was dismissed as un-admitted.

The Revenue filed an appeal before the ITAT against an order of the CIT(A). Both parties agreed 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 Revenue's appeal should be admitted when the tax effect is below the monetary limit prescribed by CBDT circulars.

DCIT vs Subburaj Textile Mills Pvt Ltd… | ITAT Chennai 2016

Income Tax Appellate Tribunal, “C” BENCH, CHENNAI

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

Hearing: 15.12.2016Pronounced: 16.12.2016

आदेश /O R D E R

PER BENCH:

The appeal filed by the Revenue is directed against order of the Commissioner of Income Tax (Appeals) -1, Chennai, in dated

:-2-: I.T.A. No. 1716/Mds/2016 09.03.2016 for the assessment year 2012-13 passed u/s. 143(3) and 250 of the Income Tax Act, 1961 (herein after referred to as 'the Act').

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, date 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

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

Order pronounced on Friday, the 16th day of December, 2016 at Chennai.

DCIT, MADURAI vs. SUBBURAJ TEXTILE MILLS PVT LTD., TIRUNELVELI

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