ACIT, CHENNAI vs. GEM GRANITES PRIVATE LIMITED, CHENNAI

PDF · subscribers
ITA 1425/CHNY/2016Status: DisposedITAT Chennai23 November 2016AY 2009-102 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 appeal of the Revenue would not lie before it as the tax effect was less than Rs. 10,00,000, as per CBDT Circular No. 21/2015.

What were the facts?

The Revenue appealed an order of the CIT(A) where a disallowance of Rs. 12,28,135 was deleted. The assessee pointed out that the tax effect was below the threshold stipulated by CBDT Circular No. 21/2015.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the Tribunal given the tax effect being below the monetary limit prescribed by CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH : CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI ABRAHAM P. GEORGE]

आदेश / O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER

1.

This appeal of the Revenue is directed against an order dated 15.03.2016 of the Commissioner of Income-tax (Appeals)-6, Chennai.

2.

Ld. Counsel for the assessee at the outset pointed out that tax effect in this case was less than �10,00,000/- and by virtue of CBDT Circular No.21/2015, dated 10.12.2015, the appeal will not lie. . :- 2 -: 3. The ld. Departmental Representative fairly agreed that disallowance deleted by the ld. Commissioner of Income Tax (Appeals) in the appeal of the assessee was �12,28,135/- and tax effect thereof was less than the tax effect.

We have considered the rival contentions and perused the 4. orders of the authorities below. The ld. Commissioner of Income Tax (Appeals) has confirmed disallowance of �12,92,385/- out of total disallowance of �25,20,520/-. The amount of disallowance deleted came to �12,28,135/-. By virtue of Circular No.21/2015, dated 10.12.2015, the appeal of the Revenue would not lie before this Tribunal since the tax effect is less than �10,00,000/-.

In the result, the appeal of the Revenue is dismissed. 5. Order pronounced on Wednesday, the 23rd day of November, 2016, at Chennai.

Recent GST High Court judgments

Search GST case law →