Liberty Agri Products Pvt.Ltd., CHENNAI V. ITO, CHENNAI

CO 133/CHNY/2012

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 2502 (ITAT-CHENNAI)
• Duration Of Justice: 4 year(s) 3 month(s) 22 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 04-11-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 02-11-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 13-07-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: R DURAIPANDIAN
• Keywords: Tax effect

Judgement Text

CO NOS. 133 AND 135/CHNY/2012 AND I.T.A. NO. 1332 /CHNY/2012 ASSESSMENT YEAR: 2007-08 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, CHENNAI D BENCH, CHENNAI [CORAM: PRAMOD KUMAR AM AND G PAVAN KUMARJM] I.T.A. NO. 1332 /CHNY/2012 ASSESSMENT YEAR: 2007-08 INCOME TAX OFFICER WARD II (1), CHENNAI ..........APPELLAN T VS LIBERTY AGRI PRODUCTS PVT LTD ......RESPONDENT NO. 3/284, MUTTUKANDU ROAD NEELANKARAI, CHENNAI 600 041 [PAN: AAACL8485F] CO NOS. 133 AND 135/CHNY/2012 ARISING OUT OF I.T.A. NO. 1332 /CHNY/2012 ASSESSMENT YEAR: 2007-08 LIBERTY AGRI PRODUCTS PVT LTD .CROSS OBJECTOR NO. 3/284, MUTTUKANDU ROAD NEELANKARAI, CHENNAI 600 041 [PAN: AAACL8485F] VS INCOME TAX OFFICER WARD II (1), CHENNAI ....RESPONNDENT DATE OF CONCLUDING THE HEARING : NOVEMBER 3, 2016 DATE OF PRONOUNCING THE ORDER : NOVEMBER 4, 2016 APPEARANCES BY: R DURAI PANDIAN FOR THE APPELLANT NONE FOR THE RESPONDENT /. O R D E R PER BENCH [1] WHEN THIS APPEAL CAME UP FOR HEARING BEFORE US ON 2 ND NOVEMBER 2016, OUR ATTENTION WAS INVITED TO THE LETTER DATED 1 ST NOVEMBER 2016 FILED BY THE ASSESSEE CO NOS. 133 AND 135/CHNY/2012 AND I.T.A. NO. 1332 /CHNY/2012 ASSESSMENT YEAR: 2007-08 PAGE 2 OF 2 POINTING OUT THAT THE TAX EFFECT INVOLVED IN THIS D EPARTMENTAL APPEALS IS LESS THAN RS 10 LAKHS, THE SAME MAY BE DISMISSED, AS WITHDRAWN, IN VIEW OF CBDT CIRCULAR NO. 21/2015 DATED 10 TH DECEMBER 2015. A DETAILED COMPUTATION WAS FILED BY THE ASSESSEE, ALONGWITH THIS LETTER, TO SHOW THAT THE T AX EFFECT ACTUALLY INVOLVED IN APPEAL IS ONLY RS 8,52,660. THE MATTER WAS ADJOURNE D BY ONE DAY SO THAT THE COMPUTATION FILED BY THE ASSESSEE CAN BE VERIFIED B Y THE DEPARTMENTAL REPRESENTATIVE. [2] LEARNED DEPARTMENTAL REPRESENTATIVE, HAVING PER USED THE DETAILS FILED BY THE ASSESSEE AND HAVING VERIFIED THE SAME, DOES NOT DIS PUTE THE SUBMISSIONS OF THE ASSESSEE. WE HAVE ALSO SEEN THE COMPUTATION AND WE FIND IT PRIMA FACIE IN ORDER. [3] IN VIEW OF THE ABOVE FACTUAL POSITION, AND IN V IEW OF THE CBDT INSTRUCTIONS (SUPRA) TO THE EFFECT THAT THE APPEALS FILED BY THE INCOME TAX DEPARTMENT BEFORE THIS TRIBUNAL, INVOLVING TAX EFFECT OF LESS THAN RS 10 L AKHS WILL NOT BE PURSUED, THE APPEAL IS DISMISSED AS WITHDRAWN [4] AS FOR THE CROSS OBJECTIONS FILED BY THE ASSESS EE, AS THE APPEAL ITSELF IS DISMISSED AS WITHDRAWN, THE CROSS OBJECTIONS FILED BY THE ASSESSEE ARE DISMISSED AS NOT MAINTAINABLE. IN ANY EVENT, THESE CROSS OBJE CTIONS DONOT CONTAIN ANY GRIEVANCE REQUIRING SPECIFIC ADJUDICATION ON MERITS . [5 IN THE RESULT, THE APPEAL AS ALSO THE CROSS OBJE CTIONS ARE DISMISSED. PRONOUNCED IN THE OPEN COURT TODAY ON 4 TH DAY OF NOVEMBER, 2016 SD/- SD/- G PAVAN KUMAR PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) CHENNAI, THE 4 TH DAY OF NOVEMBER, 2016. COPIES TO: (1) THE APPELLANT (2) THE RESPOND ENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ETC SR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL CHENNAI BENCHES, CHENNAI