DCIT CORPORATE CIRCLE 4 (2), CHENNAI V. M/S KAVERI GAS POWER LIMITED, CHENNAI

ITA 1233/CHNY/2018

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 5465 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 8 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-12-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 10-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

आयकर अपीलीय अिधकरण, ’डी’ Ɋायपीठ, चेɄई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘D’ BENCH, CHENNAI ŵी वी दुगाŊ राव Ɋाियक सद˟ एवं ŵी जी. म॑॑जुनाथा, लेखा सद˟ के समƗ Before Shri V. Durga Rao, Judicial Member & Shri G. Manjunatha, Accountant Member आयकर अपील सं./I.T.A. No.1233/Chny/2018 िनधाŊरण वषŊ/Assessment Year: 2013-14 The Deputy Commissioner of Income Tax, Corporate Circle 4(2), Chennai 600 034. Vs. M/s. Kaveri Gas Power Limited, No. 3, Ranganathan Garden, 15 th Main Road Extension, Anna Nagar, Chennai 600 040. [PAN:AABCK4793Q] (अपीलाथŎ/Appellant) (ŮȑथŎ/Respondent) अपीलाथŎ की ओर से / Appellant by : Ms. R. Anita, Addl. CIT ŮȑथŎ की ओर से/Respondent by : Shri D. Anand, Advocate सुनवाई की तारीख/ Date of hearing : 22.12.2021 घोषणा की तारीख /Date of Pronouncement : 29.12.2021 आदेश /O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: This appeal filed by the Revenue is directed against the order of the ld. Commissioner of Income Tax (Appeals) 8, Chennai dated 07.02.2018 relevant to the assessment year 2013-14. 2. When the appeal was taken up for hearing, the ld. Counsel for the assessee has submitted that the tax effect in the appeal filed by the Revenue is less than the monetary limit of ₹.50,00,000/- fixed by the CBDT to file an appeal by the Revenue before the Tribunal as per the CBDT I.T.A. No. 1233/Chny/18 2 Circular No. 17/2019, dated 08.08.2019. The ld. DR fairly conceded the submissions made by the ld. Counsel for the assessee. Being so, the Revenue authorities are precluded from filing the appeal before the Tribunal, since the tax effect is less than ₹.50,00,000/- in this appeal. Thus, the appeal filed by the Revenue is not maintainable and liable to be dismissed. Accordingly, the appeal filed by the Revenue is dismissed as not maintainable. However, the Department is at liberty to seek recall of the above order since, the ld. DR was not sure about as to whether the issue raised in the appeal of the Revenue is not arising out of RAP objection as no specific ground was raised in the grounds of appeal. 3. In the result, the appeal filed by the Revenue is dismissed. Order pronounced on 29 th December, 2021 at Chennai. Sd/- Sd/- [जी. म॑जुनाथा, लेखा सद˟] [वी दुगाŊ राव, Ɋाियक सद˟] (G. MANJUNATHA) ACCOUNTANT MEMBER (V. DURGA RAO) JUDICIAL MEMBER Chennai, Dated, 29.12.2021 Vm/- आदेश की Ůितिलिप अŤेिषत/Copy to: 1. अपीलाथŎ/Appellant, 2.ŮȑथŎ/ Respondent, 3. आयकर आयुƅ (अपील)/CIT(A), 4. आयकर आयुƅ/CIT, 5. िवभागीय Ůितिनिध/DR & 6. गाडŊ फाईल/GF.