DCIT, CHENNAI vs. AMBATTUR CLOTHING LTD., CHENNAI

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ITA 2762/CHNY/2014Status: DisposedITAT Chennai05 March 2015AY 2006-073 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal filed by the Revenue was not maintainable because the tax effect was less than the monetary limit of ₹4,00,000/- prescribed by the CBDT's Instruction No.5/2014. Therefore, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT against the order of the CIT(A) for the assessment year 2006-07. The assessee pointed out that the appeal was not maintainable as the tax effect was below the monetary limit prescribed by the CBDT.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the ITAT due to the tax effect being below the prescribed monetary limit.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, CHENNAI

Before: SHRI A. MOHAN ALANKAMONY & SHRI V. DURGA RAO

For Respondent: Shri T. Banusekar, CA
Hearing: 24.02.2015Pronounced: 05.03.2015

आदेश /O R D E R

PER V. DURGA RAO, JUDICIAL MEMBER:

1.

This appeal filed by the Revenue is directed against the order of the Commissioner of Income Tax (Appeals)-I, Chennai, dated 28.07.2014 relevant to the assessment year 2006-07.

2.

At the time of hearing, the Ld. AR of the assessee has brought to our notice that the appeal filed by the Revenue is not maintainable on the ground that the appeal is below monetary limit prescribed by the CBDT vide its Instruction No.5/2104 dated 10th July, 2014. As per the calculation sheet filed by the assessee, the tax effect in this case is `3,53,141/- only. This fact was not disputed by the Ld. D.R. The Ld. D.R. only supported the order passed by the A.O.

3.

We have heard both sides and perused the records and gone through the orders of the authorities below. In this case, the appeal was filed by the Department before the Tribunal after the circular issued by the Board, i.e. on 07.11.2014. As per the Board’s Instruction (supra), the monetary limit prescribed to prefer an appeal before ITAT is of `4,00,000/-. In the present appeal, the tax effect is less than the monetary limit prescribed by the CBDT. Hence, we find that this appeal filed by the Revenue is not maintainable. Thus, the appeal of the Revenue is dismissed.

4.

In the result, the appeal filed by the Revenue is dismissed.

Order pronounced on Thursday, the 5th of March, 2015 at Chennai.

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