What did the Tribunal hold?

The Tribunal dismissed the departmental appeal as withdrawn in view of the CBDT circular regarding appeals with a tax effect below Rs 10 lakhs. Consequently, the cross-objections filed by the assessee were also dismissed as not maintainable.

The assessee pointed out that the tax effect in the departmental appeal was less than Rs 10 lakhs, as per CBDT circular. The Departmental Representative verified the computation and did not dispute the assessee's submission.

What were the issues?

Whether the departmental appeal should be dismissed as withdrawn due to a tax effect below the threshold stipulated in the CBDT circular.

ITO vs M/S. Liberty Agri Products… | ITAT Chennai 2016

Income Tax Appellate Tribunal, CHENNAI D BENCH, CHENNAI

[2] Learned Departmental Representative, having perused the details filed by the assessee and having verified the same, does not dispute the submissions of the assessee. We have also seen the computation and we find it prima facie in order.

[3] In view of the above factual position, and in view of the CBDT instructions (supra) to the effect that the appeals filed by the income tax department before this Tribunal, involving tax effect of less than RS 10 lakhs will not be pursued, the appeal is dismissed as withdrawn [4] As for the cross objections filed by the assessee, as the appeal itself is dismissed as withdrawn, the cross objections filed by the assessee are dismissed as not maintainable. In any event, these cross objections donot contain any grievance requiring specific adjudication on merits.

[5 In the result, the appeal as also the cross objections are dismissed. Pronounced in the open court today on 4th day of November, 2016

Sd/- sd/- G Pavan Kumar Pramod Kumar (Judicial Member) (Accountant Member)

Chennai, the 4th day of November, 2016.

ITO, CHENNAI vs. M/S. LIBERTY AGRI PRODUCTS PVT.LTD., CHENNAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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