L Govindasamy, Chennai V. ACIT, Non Corporate Circle, Chennai

CO 14/CHNY/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 4008 (ITAT-CHENNAI)
• Duration Of Justice: 7 month(s) 24 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 11-11-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 18-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R ANITHA
• Assessee Lawyers: N DEVANATHAN
• Keywords: Tax effect

Judgement Text

, D , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI ... , ! , & BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ./ ITA NOS.227/CHNY/2018 ' ' /ASSESSMENT YEARS: 2012-13 & CO NO. 14/CHNY/2019 (ARISING OUT OF ITA NO. 227/CHNY2018) THE ASSISTANT COMMISSIONER OF INCOME- TAX, NON CORPORATE CIRCLE 10(1) , 121, MAHATMA GANDHI ROAD, CHENNAI-600034 / V. SHRI L. GOVINDASAMY 8, RAJA GARDEN PERAVALLUR CHENNAI-600082 ./ PAN : AIRPG0012F REVENUE BY : MS R. ANITHA JCIT ASSESSEE BY : MR N. DEVANATHAN, ADV. + / DATE OF HEARING : 11.11.2019 + /DATE OF PRONOUNCEMENT : 11.11.2019 / O R D E R PER RAMIT KOCHAR, ACCOUNTANT MEMBER: THIS APPEAL IS FILED BY REVENUE IS DISPOSED OF BEC AUSE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.50 LACS AS PE R CBDT CIRCULAR NO.17/2019 (F.NO. 279/MISC.142/2007-ITJ (PT) ) DATE D 08 TH AUGUST, 2019 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, DEPA RTMENT OF I.T.A. NOS.227/CHNY/2018 & CO NO. 14/CHNY/2019 2 REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, AMENDING PARA NO.3 AND 5 OF THE CBDT CIRCULAR NO.3 OF 2018 DATED 11.07.2018 AND ITS SUBSEQUENT AMENDMENT DATED 20.08.2018. 2. THE LD. DR AT THE OUTSET SUBMITTED THAT TAX EFFE CT INVOLVED IN THIS APPEAL FILED BY REVENUE IS LESS THAN RS.50 LAC S AND THIS APPEAL IS COVERED BY CBDT CIRCULAR NO.17/2019 DATED 08.08 .2019 BEING A LOW TAX EFFECT APPEAL FILED BY THE REVENUE. IT IS A LSO EXPLAINED BY LEARNED DR THAT THIS APPEAL FILED BY REVENUE IS ALS O NOT HIT BY ANY OF THE EXCEPTIONS CARVED OUT IN AFORESAID CBDT CIRC ULAR. THE LEARNED COUNSEL FOR ASSESSEE STATED BEFORE THE BENC H THAT THIS APPEAL OF REVENUE IS LOW TAX EFFECT AND HENCE IS RE QUIRED TO BE DISMISSED AS COVERED BY AFORESAID CBDT CIRCULAR IT IS ALSO STATED BY LEARNED COUNSEL FOR THE ASSESSEE THAT THE ASSESSEE HAS FILED CROSS OBJECTIONS WHICH HAS BECOME INFRUCTUOS IN VIEW OF D ISMISSAL OF REVENUES APPEAL AND IS REQUIRED TO BE DISMISSED. 3. THE TAX EFFECT IN THIS APPEAL FILED BY REVENUE I S UNDISPUTEDLY BELOW RS.50 LACS AND THUS KEEPING IN VIEW CBDT CIRC ULAR NO.17/2019 (F.NO.279/MISC.142/2007-ITJ (PT)) DATED 08 TH AUGUST, 2019 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, DEPA RTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, AMENDING PARA NO.3 AND 5 OF THE CBDT CIRCULAR NO.3 OF 2018 DATED 1107.2018 AND ITS SUBSEQUENT AMENDMENT DATED 20.08.2018, WE ARE I NCLINED TO DISMISS THIS APPEAL FILED BY REVENUE DUE TO LOW TAX EFFECT INVOLVED IN THIS APPEAL WHICH IS BELOW RS.50 LACS. SIMILARLY , CO FILED BY ASSESSEE HAS BECOME INFRUCTUOUS AND IS REQUIRED TO BE DISMISSED. WHILE DISPOSING OF THIS APPEAL FILED BY REVENUE DU E TO LOW TAX EFFECT VIDE AFORESAID CBDT CIRCULAR NO.17/2019 DATE D 08.08.2019 AND ALSO CO FILED BY ASSESSEE, WE CLARIFY THAT WE H AVE NOT COMMENTED ON THE MERITS OF THE ISSUE IN THIS APPEAL AND CO. HOWEVER, AT THE SAME TIME WE ARE GRANTING LIBERTY T O REVENUE THAT I.T.A. NOS.227/CHNY/2018 & CO NO. 14/CHNY/2019 3 IF AT ANY STAGE REVENUE WANTS TO AGITATE THE MATTER /ISSUE IN THIS APPEAL IN ACCORDANCE WITH THE CLAUSES/EXCEPTIONS AS ARE CONTAINED IN THE AFORE-STATED CBDT CIRCULAR NUMBER 17/2019 DA TED 08.08.2018 READ WITH CBDT CIRCULAR NO 3/2018 DATED 11.07.2018 AS MODIFIED ON 20.08.2018, THE REVENUE IS HEREBY GRANT ED LIBERTY TO FILE MISCELLANEOUS APPLICATION PRAYING FOR RECALL O F THIS ORDER AND IF THAT BE SO, THE ASSESSEE SHALL ALSO HAVE LIBERTY TO REVIVE ITS CO. WE ORDER ACCORDINGLY. 4. IN THE RESULT, THIS APPEAL FILED BY REVENUE AS WELL CO FILED BY ASSESSEE STAND DISMISSED OWING TO LOW TAX EFFECT AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 11.11.2019. + - . 11.11.2019 + SD/- SD/- ( ... ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( ! ) (RAMIT KOCHAR) /ACCOUNTANT MEMBER /CHENNAI, . /DATED: 11 TH NOVEMBER, 2019. TLN + 0!1 21 /COPY TO: 1. 3 /APPELLANT 4. 4 /CIT 2. 053 /RESPONDENT 5. 1 0 /DR 3. 4 ( ) /CIT(A) 6. ' /GF