ACIT, CHENNAI vs. GULF ASHLEY MOTOR LTD., CHENNAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that as per CBDT circulars, appeals with a tax effect below Rs. 10,00,000/- are not maintainable. Therefore, the revenue's appeal was dismissed.
What were the facts?
The revenue filed an appeal against the CIT(A)'s order for AY 2006-07. The assessee also filed a cross-objection. The department representative conceded that the tax effect was less than Rs. 10,00,000/-.
What were the issues?
Maintainability of the revenue's appeal before the ITAT due to low tax effect.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI D.S. SUNDER SINGH
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
आदेश /O R D E R
PER N.R.S. GANESAN, JUDICIAL MEMBER:
The revenue filed the present appeal against the order of CIT (A)
-6, Chennai dated 29.04.2016 for the assessment year 2006-07. The assessee has also filed cross objection. Therefore, we heard the appeal of the revenue and cross objection of the assessee together and disposing off the same by this common order.
When the appeal was taken up for hearing, Shri A.V.Sreekanth, the learned department representative very fairly conceded that the tax effect involved in this case is less than Rs.10,00,000/-. We have also carefully gone through the material available on record including the impugned order of both the authorities below. As rightly submitted by the learned department representative and Shri N.Venkataraman, the learned representative for the assessee, the tax effect involved in this appeal is less than Rs.10,00,000/-. Therefore, this Tribunal is of the considered opinion that in view of the circular of the CBDT instructing its officers not to file an appeal before this Tribunal wherever, the tax effect is less than Rs.10,00,000/-, the appeal filed by the revenue is not maintainable before this Tribunal. Accordingly, the appeal of revenue stands dismissed.
The assessee has filed the cross objection only to support the order of the CIT(A). Therefore, the cross objection becomes infructuous.
In the result, both the appeal of the revenue and cross objection of the assessee are dismissed.
Order pronounced on 18th October, 2016 at Chennai.
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