Ambattur Clothing Ltd., Chennai vs Department Of Income Tax

IN THE INCOME TAX APPELLATE TRIBUNAL "D" BENCH, CHENNAI ी ए. मोहन अलंकामणी, लेखा सद य एवं ी वी. दग ु ा$ राव, या%यक सद य केसम&

BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI V. DURGA RAO, JUDICIAL MEMBER

आयकर अपील सं./ITA No.2762/Mds/2014 %नधा$रण वष$ /Assessment Year : 2006-07

The Deputy Commissioner of M/s Ambattur Clothing Ltd., Income Tax, v. No.86, E/2, Industrial Estate, Company Circle - I(1), Ambattur, Chennai - 600 058. Chennai - 600 034. PAN : AAACA 4127 D (अपीलाथ+/Appellant) (,-यथ+/Respondent)

अपीलाथ+ क. ओर से/Appellant by : Shri N. Madhavan, JCIT ,-यथ+ क. ओर से/Respondent by : Shri T. Banusekar, CA

सन ु वाई क. तार ख/Date of Hearing : 24.02.2015 घोषणा क. तार ख/Date of Pronouncement: 05.03.2015

आदे श /O R D E R

PER V. DURGA RAO, JUDICIAL MEMBER:

This appeal filed by the Revenue is directed against the

order of the Commissioner of Income Tax (Appeals)-I, Chennai,

dated 28.07.2014 relevant to the assessment year 2006-07. 2 I.T.A. No. 2762/Mds/2014

2. At the time of hearing, the Ld. AR of the assessee has

brought to our notice that the appeal filed by the Revenue is not

maintainable on the ground that the appeal is below monetary limit

prescribed by the CBDT vide its Instruction No.5/2104 dated 10th

July, 2014. As per the calculation sheet filed by the assessee, the

tax effect in this case is `3,53,141/- only. This fact was not disputed

by the Ld. D.R. The Ld. D.R. only supported the order passed by

the A.O.

3. We have heard both sides and perused the records and

gone through the orders of the authorities below. In this case, the

appeal was filed by the Department before the Tribunal after the

circular issued by the Board, i.e. on 07.11.2014. As per the Board's

Instruction (supra), the monetary limit prescribed to prefer an appeal

before ITAT is of `4,00,000/-. In the present appeal, the tax effect is

less than the monetary limit prescribed by the CBDT. Hence, we

find that this appeal filed by the Revenue is not maintainable. Thus,

the appeal of the Revenue is dismissed.

4. In the result, the appeal filed by the Revenue is dismissed. 3 I.T.A. No. 2762/Mds/2014

Order pronounced on Thursday, the 5th of March, 2015 at

Chennai.

sd/- sd/- (ए. मोहन अलंकामणी) (वी. दग ु ा$ राव) (A. Mohan Alankamony) (V. Durga Rao) लेखा सद य/Accountant Member या%यक सद य/Judicial Member

चे नई/Chennai, th >दनांक/Dated, the 5 March, 2015.

Kri.

आदे श क. ,%त@लAप अBेAषत/Copy to: 1. अपीलाथ+/Appellant 2. ,-यथ+/Respondent

3. आयकर आयुCत (अपील)/CIT(A)-I, Chennai-34

4. आयकर आयुCत/CIT, Chennai-I, Chennai

5. Aवभागीय ,%त%न ध/DR

6. गाड$ फाईल/GF.