Aryaas Residence, Tirunelveli V. ITO Ward 1, Tirunelveli

CO 127/CHNY/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 4699 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 6 month(s) 6 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 19-03-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 13-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , C BENCH, CHENNAI , . , BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ I.T.A.NO.1736/CHNY/2017 ( / ASSESSMENT YEAR: 2012-13) THE INCOME TAX OFFICER, WARD 1, TIRUNELVELI. VS M/S. ARYAAS RESIDENCE, 1, BYE-PASS ROAD, VANNARPETTAI, TIRUNELVELI 627 003. PAN: AAMFA5363J ( /APPELLANT) ( /RESPONDENT) & C.O. NO.127/CHNY/2017 ( IN ITA NO. 1736/CHNY/2017 ) M/S. ARYAAS RESIDENCE, 1, BYE-PASS ROAD, VANNARPETTAI, TIRUNELVELI 627 003 VS THE INCOME TAX OFFICER, WARD 1, TIRUNELVELI. PAN: AAMFA5363J ( /APPELLANT) ( /RESPONDENT) /REVENUE BY : SHRI CLEMENT RAMESH KUMAR, JCIT /ASSESSEE BY : SHRI Y. SRIDHAR, CA /DATE OF HEARING : 19.03.2019 /DATE OF PRONOUNCEMENT : 19.03.2019 / O R D E R PER A. MOHAN ALANKAMONY, AM:- THE APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-3, MADURAI DATED 17.04.2017 IN ITA NO.223/2016-17 FOR THE 2 ITA NO.1736/CHNY /2017 & CO NO.127/CHNY/2017 ASSESSMENT YEAR 2012-13 PASSED U/S.250(6) R.W.S. 143(3) & 263 OF THE ACT. THE ASSESSEE HAS ALSO RAISED CROSS OBJECTION IN SUPPORT OF THE ORDER OF THE LD.CIT(A) SUPRA. 2. AT THE OUTSET, THE LD.AR SUBMITTED BEFORE US THAT THE ABOVE MENTIONED APPEAL IS NOT MAINTAINABLE DUE TO THE LATEST CIRCULAR NO.3/2018 DATED 11.07.2018 ISSUED BY THE CBDT WITH RESPECT TO MONETARY LIMIT. HENCE, IT WAS PLEADED THAT THE APPEAL OF THE REVENUE MAY BE DISMISSED. THE LD. DR COULD NOT CONTROVERT TO THE SUBMISSION OF THE LD.AR. 3. AFTER HEARING BOTH SIDES WE FIND MERIT IN THE SUBMISSION OF THE LD.AR. T HE CBDT IN ITS LATEST CIRCULAR NO.3/2018 DATED 11.07.2018 HAD FIXED THE MONETARY TAX EFFECT AS RS.20 LAKHS FOR FILING APPEAL BEFORE THE TRIBUNAL . FURTHER, IT IS APPARENT FROM THE ORDERS OF THE LD.REVENUE AUTHORITIES THAT IN THE CASE OF THE ASSESSEE, TAX EFFECT IS BELOW RS.20 LAKHS WHICH IS ALSO CONCEDED BY THE LD.DR. HENCE DUE TO THE INSTRUCTIONS ISSUED BY THE CBDT VIDE ITS CIRCULAR MENTIONED HEREIN ABOVE, WE HEREBY HOLD THAT THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND ACCORDINGLY THE APPEAL OF THE REVENUE IS DISMISSED. 3 ITA NO.1736/CHNY /2017 & CO NO.127/CHNY/2017 4. SINCE WE HAVE DISMISSED THE APPEAL FILED BY THE REVENUE ON MONETARY LIMITS, THE CROSS OBJECTION FILED BY THE ASSESSEE HAS BECOME INFRUCTUOUS. 5. IN THE RESULT THE APPEAL FILED BY THE REVENUE AS WELL AS THE CROSS OBJECTION FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH MAY, 2019 AT CHENNAI. SD/- SD/- /CHENNAI, /DATED 19 TH MAY, 2019 RSR /COPY TO: 1. / ASSESSEE 2. /REVENUE 3. ( )/CIT(A) 4. /CIT 5. /DR 6. /GF ( ) (GEORGE MATHAN) /JUDICIAL MEMBER ( . ) (A. MOHAN ALANKAMONY) /ACCOUNTANT MEMBER