G.M.Pens International Pvt. Ltd. , CHENNAI V. DCIT Corporate Circle 2(1) , CHENNAI

CO 145/CHNY/2017

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 3417 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 11 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 11-01-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 31-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: CHENNAI . , ! , $ % BEFORE SHRI ABRAHAM P.GEORGE, ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, JUDICIAL MEMBER ./ ITA NO.1949/MDS/2017 $! ! /ASSESSMENT YEAR: 2013-14 THE DY. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-2(1), CHENNAI-600 034. VS. M/S.G.M.PENS INTERNATIONAL- PVT. LTD., NO.2, JANAKPURI, VELACHERY, BY PASS ROAD, VELACHERY, CHENNAI-600 042. [PAN: AAACG 1150 E ] ( ' /APPELLANT) ( ()' /RESPONDENT) CROSS OBJECTION NO. 145 /MD S/20 17 $! ! /ASSESSMENT YEAR: 2013-14 M/S.G.M.PENS INTERNATIONAL- PVT. LTD., NO.2, JANAKPURI, VELACHERY, BY PASS ROAD, VELACHERY, CHENNAI-600 042. VS. THE DY. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-2(1), CHENNAI-600 034. [PAN: AAACG 1150 E ] ( ' /APPELLANT) ( ()' /RESPONDENT) ASSESSEE BY : MR.N.QUADIR HOSEYN, ADV. DEPARTMENT BY : MR.N.MADHAVAN, ACIT . /DATE OF HEARING : 11.01.2018 . /DATE OF PRONOUNCEMENT : 11.01.2018 / O R D E R PER GEORGE MATHAN , JUDICIAL MEMBER : ITA NO.1949/MDS/2017 IS AN APPEAL FILED BY THE REV ENUE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEAL S)-6, CHENNAI, IN ITA NO.1949/MDS/2017 & CO NO.145/MDS/2017 :- 2 -: ITA NO.313/CIT(A)-6/2015-16 DATED 12.06.2017 FOR TH E AY 2013-14 AND CO NO.145/MDS/2017 IS A CROSS-OBJECTION FILED BY TH E ASSESSEE IN THE REVENUES APPEAL NO.1949/MDS/2017 FOR THE AY 2013-1 4. 2. SHRI N.MADHAVAN, ACIT, REPRESENTED ON BEHALF OF THE REVENUE AND SHRI N.QUADIR HOSEYN, ADV. REPRESENTED ON BEHALF OF THE ASSESSEE. 3. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD.AR THAT THE ISSUE IN THE REVENUES APPEAL WAS ONLY IN RESPECT OF THE DISALLOWANCE MADE U/S.14A OF THE ACT TO THE EXTENT OF RS.12,27,661/-. IT WAS A SUBMISSION THAT THE APPEAL OF THE REVENUE IS LIABLE TO BE DISM ISSED ON ACCOUNT OF LOW TAX EFFECT. 4. IN REPLY, THE LD.DR VEHEMENTLY SUPPORTED THE ORD ER OF THE AO AND THE LD.CIT(A). 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. AT THE TIME OF HEARING THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT IN THE APPEAL FILED BY THE REVENUE IS LESS THAN THE MONETA RY LIMIT OF RS.10,00,000/- FIXED BY THE CBDT TO FILE AN APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AS PER THE CBDT CIRCULAR NO. 21/2015, DATED 10.12.2015. THE LD. DR FAIRLY CONCEDED THE SUBMISSIONS MADE BY THE LD. COUNSEL FOR THE ASSESSEE. BEING SO, THE REVENUE AUTHORITIES ARE PRE CLUDED FROM FILING THE APPEAL BEFORE THE TRIBUNAL, SINCE THE TAX EFFECT IS LESS THAN RS.10,00,000/- ITA NO.1949/MDS/2017 & CO NO.145/MDS/2017 :- 3 -: IN THIS APPEAL. ACCORDINGLY, THE APPEAL FILED BY TH E REVENUE IS DISMISSED AS UN-ADMITTED. 6. IN RESPECT OF THE CROSS-OBJECTION FILED BY THE A O, THE LD.AR DID NOT WISH TO PRESS THE SAME. CONSEQUENTLY, THE CROSS-OBJ ECTION FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. 7. IN THE RESULT, THE APPEAL FILED BY THE REVENUE A ND THE CROSS- OBJECTION FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON JANUARY 11, 2018, AT CHENNAI. SD/- SD/- ( . ) ( ABRAHAM P.GEORGE ) /ACCOUNTANT MEMBER ( ! ) (GEORGE MATHAN) $ /JUDICIAL MEMBER /CHENNAI, 3 /DATED: JANUARY 11, 2018. TLN . ($45 65 /COPY TO: 1. ' /APPELLANT 4. 7 /CIT 2. ()' /RESPONDENT 5. 5 ($$ /DR 3. 7 ( ) /CIT(A) 6. ! /GF