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2016 (7) TMI 1590 - AT - Income TaxMonetary limit for maintainability of appeal - low tax effect - assessee has submitted that the tax effect in the appeal filed by the Revenue is less than the monetary limit of ₹.10,00,000/- fixed by the CBDT to file an appeal by the Revenue before the Tribunal as per the CBDT Circular No. 21/2015, dated 10.12.2015 - HELD THAT - 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 ₹.10,00,000/- in this appeal. Accordingly, the appeal filed by the Revenue is dismissed as un-admitted.
Issues: Late filing of appeal by Revenue, Condonation of delay, Tax effect below monetary limit for appeal
The judgment pertains to an appeal filed by the Revenue against the order of the Commissioner of Income Tax (Appeals) for the assessment year 2003-04. The appeal was found to have been filed late by 19 days. The Assessing Officer sought condonation of the delay, which was granted by the Tribunal after considering the reasons provided in the petition. The appeal was admitted for hearing after the delay was condoned. During the hearing, it was brought to the Tribunal's attention that the tax effect in the appeal filed by the Revenue was below the monetary limit of ?10,00,000 fixed by the CBDT for filing appeals before the Tribunal. The Circular No. 21/2015 dated 10.12.2015 specified this limit. The ld. DR representing the Revenue acknowledged this fact and did not contest the submissions made by the ld. Counsel for the assessee. Consequently, as the tax effect fell below the prescribed limit, the Revenue authorities were barred from filing the appeal before the Tribunal. Therefore, the Tribunal dismissed the appeal filed by the Revenue as un-admitted based on this ground. In conclusion, the Tribunal dismissed the appeal filed by the Revenue due to the tax effect being below the monetary limit set by the CBDT for filing appeals before the Tribunal. The order was pronounced on 29th July 2016 in Chennai. ---
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