Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (8) TMI 2014 - AT - Income TaxMaintainability of appeal - low tax effect - whether the appeal effect is below the monetary limit or not and whether it is covered by para 8 ( c ) of the CBDT Circular No. 21/2015 dt. 10-12-2015 - HELD THAT:- CIT/CIT should examine the revenue audit objection carefully before filing of second appeal in the Tribunal involving the revenue audit objection - appeal shall not be filed if the order of first appellate authority is justified either in law or facts. It also clarifies that the reasons may have to be recorded for not filing the appeal by the Pr. CIT/CIT. We find that in the present case the ld. DR by statement of facts annexed with Form No. 36 pointed out that the CIT concerned examined the appeal carefully and suggested to file appeal even though the revenue effect is lower than the prescribed monetary limit. According to him, it was prompted by audit objection on the issue of excess claim of depreciation and the CIT- A erroneously deleted the same. This decision of the CIT-A has not been accepted by the revenue and as such preferred an appeal before this Tribunal by accepting the said revenue audit objection. The ld. AR brought to our notice during the course of arguments that the CIT-A deleted the addition made on account of excess depreciation by placing reliance on the decision of Hon’ble High Court of Bombay in the case of S. C. Thakur & Bros. [2009 (1) TMI 20 - BOMBAY HIGH COURT] Therefore, in our opinion the present appeal should be only on merits, if the appellant revenue is not justified either in law or in facts. Thus, the arguments as advanced by the ld. DR fails and are rejected with reference to the submission that the issue arose on audit objection We find the issue raised by the revenue is below tax effect, which does not exceed the prescribed monetary limit as per above mentioned CBDT Circulars. Thus, ground no. 1 raised by the revenue is dismissed.
|