The ACIT, Central Circle -1(4), Chennai V. Prince Gem & Jewellery Pvt.Ltd., Chennai

ITA 2218/CHNY/2017

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 1817 (ITAT-CHENNAI)
• Duration Of Justice: 4 year(s) 8 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-05-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 10-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

आयकर अपीलीय अिधकरण, ’बी’ ायपीठ, चे ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI ी वी दुगा राव ाियक सद एवं ी जी. मंजुनाथा, लेखा सद के सम% Before Shri V. Durga Rao, Judicial Member & Shri G. Manjunatha, Accountant Member आयकर अपील सं./I.T.A. Nos.2215, 2216, 2217 & 2218/Chny/2017 िनधा रण वष /Assessment Years: 2009-10 to 2012-13 The Asst. Commissioner of Income Tax, Central Circle-1(4), Chennai. Vs. Prince Gem & Jewellery Pvt. Ltd., No.3, Nana Street, T Nagar, Chennai – 600 017. [PAN: AAECP 1891R] ( अपीलाथ'/Appellant) (()थ'/Respondent) अपीलाथ' की ओर से / Assessee by : Shri R. Meenakshi Sundaram, Advocate ()थ' की ओर से/Revenue by : Shri Guru Bashyam, CIT सुनवाई की तारीख/ Dat e of h eari n g : 19.05.2022 घोषणा की तारीख /D at e of P r onou nc em ent : 19.05.2022 आदेश /O R D E R PER BENCH: These four appeals filed by the Revenue are directed against the orders of the ld. Commissioner of Income Tax (Appeals)-18, Chennai, dated 20.06.2017 relevant to the assessment years 2009-10 to 2012- 13. 2. When these appeals were taken up for hearing, the ld. Counsel for the assessee has submitted that the tax effect in the appeals filed by the Revenue are less than the monetary limit of ₹.50,00,000/- fixed by the CBDT to file an appeal by the Revenue before the Tribunal as I.T.A. I.T.A.I.T.A. I.T.A. Nos.2215 to 221 Nos.2215 to 221Nos.2215 to 221 Nos.2215 to 2218 88 8/ // /Chny/ Chny/Chny/ Chny/17 1717 17 2 per the CBDT 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 appeals before the Tribunal, since the tax effect is less than ₹.50,00,000/- in these appeals. Thus, the appeals filed by the Revenue are liable to be dismissed as not maintainable. Accordingly, all the four appeals filed by the Revenue are dismissed. 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 appeals in ITA Nos.2215, 2216, 2217 & 2218/Chny/2017 filed by the Revenue are dismissed. Order pronounced on 19 th May, 2022 at Chennai. Sd/- Sd/- (G. MANJUNATHA) ACCOUNTANT MEMBER (V. DURGA RAO) JUDICIAL MEMBER Chennai, Dated, 19.05.2022 EDN/- आदेश की (ितिलिप अ/ेिषत/Copy to: 1. अपीलाथ'/Appellant, 2.()थ'/ Respondent, 3. आयकर आयु0 (अपील)/CIT(A), 4. आयकर आयु0/CIT, 5. िवभागीय (ितिनिध/DR & 6. गाड फाईल/GF.