M/s. Gulf Ashley Motor Ltd., CHENNAI V. ACIT, CHENNAI

CO 122/CHNY/2016

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 2497 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 23 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 18-10-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 18-10-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 26-08-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTH
• Assessee Lawyers: N VENKATARAMAN
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI . . . , . . ! ' , # $% BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER ./ ITA NO.2066/MDS/2016 & CO NO.122/MDS/2016 & '& /ASSESSMENT YEAR : 2006-07 THE ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 2(1), CHENNAI 600 034. V. M/S.GULF ASHLEY MOTOR LIMITED, 1, SARDAR PATEL ROAD, GUINDY, CHENNAI 600 032. PAN : AACCG 1194 Q ( () /APPELLANT) ( *+() /RESPONDENT/ CROSS OBJECTOR) ASSESSEE BY : SHRI N. VENKATARAMAN, C.A. DEPARTMENT BY : SHRI A.V.SREEKANTH, JCIT ,-# /DATE OF HEARING : 18.10.2016 ./' ,-# /DATE OF PRONOUNCEMENT : 18.10.2016 /O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THE REVENUE FILED THE PRESENT APPEAL AGAINST THE ORDER OF CIT (A) -6, CHENNAI DATED 29.04.2016 FOR THE ASSESSMENT YEA R 2006-07. THE ASSESSEE HAS ALSO FILED CROSS OBJECTION. THEREFORE, WE HEARD THE APPEAL 2 I.T.A. NO.2066/MDS/2016 & C.O. 122/MDS/2016 OF THE REVENUE AND CROSS OBJECTION OF THE ASSESSEE TOGETHER AND DISPOSING OFF THE SAME BY THIS COMMON ORDER. 2. WHEN THE APPEAL WAS TAKEN UP FOR HEARING, SHRI A .V.SREEKANTH, THE LEARNED DEPARTMENT REPRESENTATIVE VERY FAIRLY C ONCEDED THAT THE TAX EFFECT INVOLVED IN THIS CASE IS LESS THAN RS.10,00, 000/-. WE HAVE ALSO CAREFULLY GONE THROUGH THE MATERIAL AVAILABLE ON RE CORD INCLUDING THE IMPUGNED ORDER OF BOTH THE AUTHORITIES BELOW. AS RI GHTLY SUBMITTED BY THE LEARNED DEPARTMENT REPRESENTATIVE AND SHRI N.VE NKATARAMAN, THE LEARNED REPRESENTATIVE FOR THE ASSESSEE, THE TAX EF FECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10,00,000/-. THEREFORE, THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT IN VIEW OF THE CIRCULAR OF THE CBDT INSTRUCTING ITS OFFICERS NOT TO FILE AN APPEAL BEFORE THIS TRIBUNAL WHEREVER, THE TAX EFFECT IS LESS THAN RS.10,00,000/-, THE APPEAL FILED BY TH E REVENUE IS NOT MAINTAINABLE BEFORE THIS TRIBUNAL. ACCORDINGLY, THE APPEAL OF REVENUE STANDS DISMISSED. 3. THE ASSESSEE HAS FILED THE CROSS OBJECTION ONLY TO SUPPORT THE ORDER OF THE CIT(A). THEREFORE, THE CROSS OBJECTION BECOMES INFRUCTUOUS. 3 I.T.A. NO.2066/MDS/2016 & C.O. 122/MDS/2016 4. IN THE RESULT, BOTH THE APPEAL OF THE REVENUE AN D CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED ON 18 TH OCTOBER, 2016 AT CHENNAI. SD/- SD/- ( . . ! ' ) ( . . . ) (D.S. SUNDER SINGH) (N.R.S. GANESAN) # /ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 1 /DATED, THE 18 TH OCTOBER, 2016. SP. , *-!2 32'- /COPY TO: 1. () /APPELLANT 2. *+() /RESPONDENT 3. 4- ( )/CIT(A) 4. 4- /CIT, 5. 25 *- /DR 6. & 6 /GF.