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Income Tax Appellate Tribunal - Chennai

Acit Corporate Circle 4(1), Chennai vs Maya Appliance Pvt Ltd., Chennai on 15 March, 2021

                    आयकर अपीलीय अिधकरण, 'डी '      ायपीठ, चे ई
     IN THE INCOME-TAX APPELLATE TRIBUNAL 'D' BENCH, CHENNAI
         ी धु ु आर.एल रे ी,   ाियक सद   एवं ी एस जयरामन, लेखा सद   के सम
            Before Shri Duvvuru RL Reddy, Judicial Member &
                 Shri S. Jayaraman, Accountant Member

                  आयकर अपील सं./I.T.A. No.1982/Chny/2018
                 िनधारण वष/Assessment Year: 2013-14

The Assistant Commissioner of                   M/s. Maya Appliance Pvt. Ltd.,
Income Tax,                                 Vs. No. 10/5, Old No. 7, Royal Enclave,
Corporate Circle 4(1),                          Besant Avenue, Adyar,
Chennai.                                        Chennai 600 020.
                                                [PAN: AAACM6280D]

         (अपीलाथ /Appellant)                                 (     थ /Respondent)

                          Department by       :   Ms. R. Anita, JCIT
                           Assessee by        :   Shri G. Baskar, Advocate
       सु नवाई की तारीख/ Date of hearing      :   07.01.2021
घोषणा की तारीख /Date of Pronouncement         :   15.03.2021

                               आदे श /O R D E R

PER DUVVURU RL REDDY, JUDICIAL MEMBER:

The appeal filed by the Revenue is directed against the order of the ld. Commissioner of Income Tax (Appeals) 8, Chennai dated 02.04.2018 relevant to the assessment year 2013-14.

2. At the time of hearing, by filing the calculation of computation of tax effect, 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 Circular No. 17/2019, dated 08.08.2019. The ld. 2 I.T.A. No. 1982/Chny/18 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 and the appeal filed by the Revenue is liable to be dismissed. Accordingly, the appeal filed by the Revenue is 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 appeal filed by the Revenue is dismissed.

Order pronounced on the 15th March, 2021 at Chennai.

 Sd/-                                                              Sd/-
 (S. JAYARAMAN)                                     (DUVVURU RL REDDY)
 ACCOUNTANT MEMBER                                     JUDICIAL MEMBER

Chennai, Dated, the 15.03.2021

Vm/-

आदे श की ितिलिप अ ेिषत/Copy to: 1. अपीलाथ /Appellant, 2. थ / Respondent, 3. आयकर आयु (अपील)/CIT(A), 4. आयकर आयु /CIT,

5. िवभागीय ितिनिध/DR & 6. गाड फाईल/GF.