V.YUVARAJ, Kancheepuram V. ITO WARD 2, Kancheepuram

CO 136/CHNY/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9254 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 17 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 08-01-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 21-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M NARAYANAN CITRETD
• Assessee Lawyers: A SUNDARARAJAN CIT
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : CHENNAI , , BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ./I.T.A. NO.2943/CHNY/2018 & C.O.NO.136/CHNY/2018 (IN ITA NO.2943/2018) ! ' / ASSESSMENT YEAR : 2013-2014. THE INCOME TAX OFFICER, WARD -2, KANCHIPURAM. VS. SHRI. V. YUVARAJ, 55A, KAILASANATHAR KOIL STREET, KANCHIPURAM 631 502. [PAN ABSPY 2860R] ( / APPELLANT) (RESPONDENT/CROSS OBJECTOR) DEPARTMENT BY : SHRI. A. SUNDARARAJAN, ADDL.CIT #$ % & ' /RESPONDENT BY : SHRI. M. NARAYANAN, ADDL. CIT (RETD) ( ) & * /DATE OF HEARING : 07-01-2020 +,'! & * /DATE OF PRONOUNCEMENT : 08-01-2020 / O R D E R PER INTURI RAMA RAO , ACCOUNTANT MEMBER: THIS IS AN APPEAL FILED BY THE REVENUE AND THE C ROSS OBJECTION (CO) FILED BY THE ASSESSEE DIRECTED AGAIN ST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-7, CHE NNAI ITA NO.2943/18, CO 136/2018 :- 2 -: (HEREINAFTER CALLED AS CIT(A)) DATED 20.07.2018 F OR THE ASSESSMENT YEAR (AY) 2013-2014. 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN THIS CASE IS LESS THAN RS.50 LAKHS AND THEREFORE, THE CIRCULAR NO. 17/2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 268A(1) OF THE IT ACT COMES INTO PLAY WHEREIN, THE MONETARY LIMIT FOR FILING THE APPEAL B Y THE REVENUE BEFORE THE ITAT AND VARIOUS HIGH COURTS AS WELL AS APEX CO URT ARE REVISED WITH AN OBJECT OF THE REDUCING THE TAX LITIGATION. VIDE PARA 3 OF THE SAID CIRCULAR (SUPRA) IT IS STATED THAT IN CASES WHERE T HE TAX EFFECT IN THE APPEALS TO BE FILED BEFORE THE APPELLATE TRIBUNAL D OES NOT EXCEED F50 LAKHS APPEALS SHOULD NOT BE FILED. THUS TAKING A NO TE OF CBDT CIRCULAR NO. 17/2019, DATED 08.08.2019 AND CONSIDERING THE F ACT THAT THE TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN RS.50 LAK HS, THE PRESENT APPEAL DESERVES TO BE DISMISSED AS NOT PRESSED / NOT MAINT AINABLE. HOWEVER, WE MAKE IT CLEAR THAT THE ISSUES RAISED IN THE INST ANT APPEAL IS LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF ARISES, IN FUTURE. AT THE SAME TIME, WE ALSO MAKE IT CLEAR TH AT IF THE APPEAL FALL IN ANY OF THE EXCEPTIONS REFERRED TO IN THE ABOVE S AID CBDT CIRCULAR, THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION FO R RECALLING THE ORDER ITA NO.2943/18, CO 136/2018 :- 3 -: IF SO ADVISED. ACCORDINGLY, IN THE LIGHT OF CBDT C IRCULAR NO.17/2019 DATED 08/08/2019, THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. 3. SINCE, WE DISMISSED THE APPEAL OF THE REVENUE AS NO T MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT, THE CROS S OBJECTION FILED BY THE ASSESSEE DOES NOT SURVIVE AND ACCORDINGLY CROSS OBJECTIONS FILED BY THE ASSESSEE IS DISMISSED. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE AND THE CROSS OBJECTIONS OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED ON 8 TH DAY OF JANUARY, 2020, AT CHENNAI. SD/- SD/- ( ) (GEORGE MATHAN) /JUDICIAL MEMBER ( ) (INTURI RAMA RAO) /ACCOUNTANT MEMBER -) / CHENNAI . / DATED: 8TH JANUARY, 2020. KV /0 &0# *12032'* / COPY TO: 0 1 . % / APPELLANT 3. 0 ( 4*056 / CIT(A) 5. 278 0# * 9 / DR 2. #$ % / RESPONDENT 4. 0 ( 4* / CIT 6. 8:0;) / GF