INCOME TAX OFFICER, CHENNAI V. MS. FIVES INDIA ENGINEERING AND PROJECTS PVT LTD, CHENNAI

ITA 1542/CHNY/2023

AI Insights

This case involves an appeal by the Income Tax Officer, Corporate Ward-2(1), Chennai against M/s. Fives India Engineering & Projects Pvt. Ltd. concerning the Assessment Year 2012-13. The appeal was based on the order of the Learned Commissioner of Income Tax (Appeals), Chennai-16, dated 16.10.2023. The primary legal issue was the maintainability of the appeal in light of the monetary threshold set by the CBDT for filing appeals. The Revenue conceded that the appeal fell within the revised monetary limit but argued for an exception, which was not elaborated upon in the judgment. The tribunal dismissed both the appeal and the cross-objection due to the monetary threshold not being met.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 780193 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 9 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-10-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 21-12-2023
• Laws Referred To: Central Board of Direct Taxes Circular No.09 of 2024
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAUJANYA RANJAN
• Assessee Lawyers: S.P.CHIDAMBARAM
• Keywords: Tax effect

Judgement Text

"आयकर अपीलीय अिधकरण, ’डी’ \u0001यायपीठ, चे ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘D’ BENCH: CHENNAI \u0001ी एबी टी. वक , ाियक सद\u0011 एवं एवं एवं एवं \u0001ी अिमताभ शु\u0018ा, लेखा सद क े सम\u001b BEFORE SHRI ABY T. VARKEY, JUDICIAL MEMBER AND SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.1542/Chny/2023 िनधा\u000eरण वष\u000e/Assessment Year: 2012-13 & Cross-Objection No.8/Chny/2024 िनधा\u000eरण वष\u000e/Assessment Year: 2012-13 The ITO, Corporate Ward-2(1), Chennai. v. M/s. Fives India Engineering & Projects Pvt. Ltd., 7 VTB Centre, 3rd Floor, South Boag Road, T. Nagar, Chennai-600 017. [PAN: AABCF 2624 F] (अपीलाथ\u0016/Appellant) (\u0017\u0018यथ\u0016/Respondent/Cross- Objector) Department by : Mr.Saujanya Ranjan, JCIT (Virtual) Assessee by : Mr.S.P. Chidambaram, Advocate सुनवाईक तारीख/Date of Hearing : 24.09.2025 घोषणाक तारीख /Date of Pronouncement : 07.10.2025 आदेश / O R D E R PER ABY T. VARKEY, JM: This is an appeal preferred by the Revenue against the order of the Learned Commissioner of Income Tax (Appeals), (hereinafter referred to as ‘Ld.CIT(A)‘), Chennai-16, dated 16.10.2023 for the Assessment Year Printed from counselvise.com ITA No.1542 /Chny/2023 & CO No.8/Chny/2024 (AY 2012-13) M/s. Fives India Engineering & Projects Pvt. Ltd. :: 2 :: (hereinafter referred to as ‘AY‘) 2012-13 & CO No.8/Chny/2024 is a Cross-Objection filed by the assessee against the AY 2012-13. 2. At the outset, the Ld.AR of the assessee drew our attention to Form No.36 filed by the Revenue and pointed out that the tax effect involved in this appeal as shown by the department is only to the tune of ₹57,70,136/- which according to him, is undisputedly below the threshold limit prescribed by the Central Board of Direct Taxes (hereinafter in short ‘CBDT’), Department of Revenue, Ministry of Finance, Government of India vide Circular No.09 of 2024 dated 17.09.2024, wherein, the CBDT has revised the monetary limit for filing appeals before the ITAT from the existing limit of ₹50 lakhs to ₹60 lakhs. Therefore, according to him, the Revenue appeal is not maintainable. 3. The Ld.DR fairly conceded that per-se this appeal is covered by the aforesaid Circular issued by the CBDT. However, he submitted that in case, this appeal falls in the exceptional clause, the decision may be recalled. This plea of the Revenue will be considered on its merits when occasion arises and we don’t express any such commitments. 4. Having stated so, and having gone through the order of the Ld.CIT(A) and the grounds of appeals, we find per-se that the tax effect in Printed from counselvise.com ITA No.1542 /Chny/2023 & CO No.8/Chny/2024 (AY 2012-13) M/s. Fives India Engineering & Projects Pvt. Ltd. :: 3 :: the captioned appeal is less than ₹60 lakhs. Accordingly, we dismiss the aforesaid appeal filed by the Revenue as not maintainable on the strength of the CBDT Circular (supra). 5. In the light our action in Revenue appeal, the assessee doesn’t press its Cross-Objection No.8/Chny/2024 and hence, dismissed. 6. In the result, appeal filed by the Revenue and Cross-Objection filed by the assessee are dismissed. Order pronounced on the 07th day of October, 2025, in Chennai. Sd/- (अिमताभ शु\u0018ा) (AMITABH SHUKLA) लेखा सद\u0003य/ACCOUNTANT MEMBER Sd/- (एबी टी. वक ) (ABY T. VARKEY) \u0005याियक सद\u0003य/JUDICIAL MEMBER चे ई/Chennai, !दनांक/Dated: 07th October, 2025. TLN आदेश क \u0017ितिलिप अ$ेिषत/Copy to: 1. अपीलाथ /Appellant 2. \u000e\u000fथ /Respondent 3. आयकरआयु\u0015/CIT, Chennai / Madurai / Salem / Coimbatore. 4. िवभागीय\u000eितिनिध/DR 5. गाड फाईल/GF Printed from counselvise.com "