V.Anandan, CHENNAI V. ITO, CHENNAI

CO 129/CHNY/2013

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 2618 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 5 month(s) 9 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 27-12-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 05-12-2016
• Assessment Year: 2004-2005
• Appeal Filed On: 18-07-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T BANUSEKAR
• Assessee Lawyers: R DURAI PANDIAN SR
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, CHENNAI . . . , . . , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER ./ ITA NO. 1316/MDS/2013 & CO NO.129/MDS/2013 / // / ASSESSMENT YEAR : 2004-05 INCOME TAX OFFICER, BUSINESS WARD I (1), CHENNAI. V. SHRI V. ANANDAN, NO.160/10, R.K. MUTT ROAD, MANDAVELI, CHENNAI 600 028. PAN : AAGPA7136H ( / APPELLANT) ( !' / RESPONDENT) # / APPELLANT BY : SHRI R. DURAIPANDIAN, SR. AR !' # / RESPONDENT BY : SHRI T. BANUSEKAR, CA # / DATE OF HEARING : 05.12.2016 # / DATE OF PRONOUNCEMENT : 27.12.2016 / // / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THE REVENUE HAS FILED THE PRESENT APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-VI, CHE NNAI DATED 27.12.2012 AND PERTAINS TO THE ASSESSMENT YEAR 2004 -05. THE ASSESSEE HAS ALSO FILED A CROSS OBJECTION AGAINST T HE VERY SAME ORDER OF THE CIT (APPEALS). THEREFORE WE HEARD THE APPEAL OF THE REVENUE AND CROSS OBJECTION OF THE ASSESSEE TOGETHE R AND DISPOSING OF THE SAME BY THIS COMMON ORDER. 2 I.T.A. NO.1316/MDS/2013 & C.O NO.129/M DS/2013 2. WHEN THE APPEAL OF THE REVENUE WAS TAKEN FOR HEA RING, SHRI R. DURAIPANDIAN, LD. DEPARTMENTAL REPRESENTATI VE AND SHRI T. BANUSEKAR, LD. REPRESENTATIVE FOR THE ASSES SEE VERY FAIRLY SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE APPEA L OF THE REVENUE IS LESS THAN RS.10 LAKHS. THEREFORE IN VIEW OF THE LATEST CIRCULAR ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES, BEING THE APEX ADMINISTRATIVE BODY, THE APPEAL FILED BY THE REVENU E IS NOT MAINTAINABLE. SHRI T. BANUSEKAR, THE LD. REPRESENT ATIVE FOR THE ASSESSEE FURTHER SUBMITTED THAT THE GROUNDS RAISED BY THE ASSESSEE IN THE CROSS OBJECTION DOES NOT REQUIRE ANY ADJUDIC ATION. 3. IN VIEW OF THE ABOVE FACTUAL SITUATION, BOTH THE APPEAL OF THE REVENUE AND THE CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED ON 27 TH DECEMBER, 2016 AT CHENNAI. SD/- SD/- ( . . ) ( . . . ) (D.S. SUNDER SINGH) (N.R.S. GANESAN) / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, /DATED, THE 27 TH DECEMBER, 2016. JR. # ! $ % $ /COPY TO: 1. /APPELLANT 2. !' /RESPONDENT 3. &' ( ) /CIT(A) 4. &' /CIT 5. ! $ /DR 6. () /GF.