Income Tax Appellate Tribunal - Chennai
Acit Non Corporate Circle 10(1), ... vs B.Ranganathan, Chennai on 18 September, 2018
आयकर अपीलीय अिधकरण, 'डी' यायपीठ, चे ई
IN THE INCOME TAX APPELLATE TRIBUNAL , 'D' BENCH, CHENNAI
ी एन.आर.एस. गणेशन, याियक सद य एवं ए. मोहन अलंकामणी, लेखा सद य के सम
BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND
SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER
आयकरअपीलसं./I.T. A.No.1405/CHNY/2018
(िनधारणवष / Assessme nt Year: 2013-14)
The ACIT, Vs Shri B. Ranganathan,
Non Corporate Circle 10(1), No.37, First Main Road,
Chennai - 34. Jawahar Nagar,
Chennai - 82.
PAN: AAJPR2197L
(अपीलाथ /Appellant) ( यथ /Respondent)
अपीलाथ क ओर से /Appellant by : Shri Sreenivasa Rao, CIT,
यथ की ओर से /Respondent by : Shri S. Ramesh, CA
सुनवाई क तारीख/Da te of he ar i ng : 18.09.2018
घोषणा क तारीख /Da te of Pr on o un c em en t : 18.09.2018
आदेश / O R D E R
Per A. Mohan Alankamony, AM:-
This appeal by the Revenue is directed against the order passed by the Ld. Commissioner of Income Tax (Appeals)-12, Chennai dated 20.02.2018 in ITA No.25/CIT(A)-12/2016-17 for the assessment year 2013-14 passed U/s.250(6) r.w.s. 143(3) of the Act.
2. There is a delay of 02 days in filing the appeal by the Revenue. The Ld.ACIT has furnished an affidavit before us stating that the delay had occurred as the appeal records were not readily available. It was 2 ITA No. 1405/Chny/2018 therefore pleaded that the short delay in filing the appeal may be condoned. The Ld.AR strongly objected to the submission of the Ld.DR and pleaded for dismissing the appeal of the Revenue. However, after hearing both sides, though we do not appreciate the lethargic functioning of the Revenue, in the interest of justice we are of the considered view that the short delay in filing the appeal requires to be condoned. Accordingly we hereby condone the delay of 2 days in filing the appeal by the Revenue and proceed to hear the case on merits.
3. At the outset, the Ld.AR submitted before us that the above mentioned appeal is not maintainable due to the latest Circular No.3/2018 dated 11.07.2018 issued by the CBDT with respect to monetary limit. Hence, it was pleaded that the appeal of the Revenue may be dismissed. The Ld. DR could not controvert to the submission of the Ld.AR.
4. After hearing both sides we find merit in the submission of the Ld.AR. The CBDT in its latest Circular No.3/2018 dated 11.07.2018 had fixed the monetary tax effect as Rs.20 lakhs for filing appeal before the Tribunal. Further, it is apparent from the orders of the Ld.Revenue Authorities that in the case of the assessee, tax effect is below Rs.20 lakhs which is also conceded by the Ld.DR. Hence due to the instructions issued by 3 ITA No. 1405/Chny/2018 the CBDT vide its Circular mentioned herein above, we hereby hold that the appeal filed by the Revenue is not maintainable and accordingly the appeal of the Revenue is dismissed.
5. In the result the appeal filed by the Revenue is dismissed.
Order pronounced in the open court on the 18th September, 2018 at Chennai.
Sd/- Sd/-
(एन.आर.एस. गणेशन) (ए. मोहन अलंकामणी)
(N.R.S. Ganesan) (A. Mohan Alankamony)
याियक सद य/Judicial Member लेखा सद य/Accountant Member
चे ई/Chennai,
दनांक/Dated 18th September, 2018
RSR
आदेश क ितिलिप अ ेिषत/Copy to:
1. अपीलाथ /Appellant 2. यथ /Respondent 3. आयकर आयु (अपील)/CIT(A)
4. आयकर आयु /CIT 5. िवभागीय ितिनिध/DR 6. गाड फाईल/GF