Mayan Infrastructure Pvt Ltd., CHENNAI V. ACIT Central Circle 3(1) , CHENNAI

CO 172/CHNY/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 8008 (ITAT-CHENNAI)
• Duration Of Justice: 9 month(s) 19 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 24-09-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 05-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI . , . . ! , BEFORE SHRI ABRAHAM P.GEORGE, ACCOUNTANT MEMBER AND SHRI DUVVURU R.L.REDDY, JUDICIAL MEMBER ./ ITA NOS.1527, 1528 & 1529/CHNY/2017 #$ $ /ASSESSMENT YEARS: 2008-09, 2010-11 & 2011-12 THE ASST. COMMISSIONER OF- INCOME TAX. CENTRAL CIRCLE-3(1), 46, NUNGAMBAKKAM HIGH ROAD, CHENNAI-600 034. VS. M/S.MAYAN INFRASTRUCTURE PVT. LTD., NO.65/216, SRIRAMBHAVANAM, ALWARPET STREET, ALWARPET, CHENNAI-600 018. [PAN: AA ECM 9147 K ] ( ' /APPELLANT) ( ()' /RESPONDENT) CROSS OBJECTION NO S.172, 173 & 174/CHNY/2017 (IN ITA NOS.1527, 1528 & 1529/CHNY/2017) #$ $ /ASSESSMENT YEARS: 2008-09, 2010-11 & 2011-12 M/S.MAYAN INFRASTRUCTURE PVT. LTD., NO.65/216, SRIRAMBHAVANAM, ALWARPET STREET, ALWARPET, CHENNAI-600 018. VS. THE ASST. COMMISSIONER OF- INCOME TAX. CENTRAL CIRCLE-3(1), 46, NUNGAMBAKKAM HIGH ROAD, CHENNAI-600 034. [PAN: AAECM 9147 K] ( ' /APPELLANT) ( ()' /RESPONDENT) DEPARTMENT BY : MRS.RUBY GEORGE, CIT ASSESSEE BY : NONE * /DATE OF HEARING : 08.08.2018 * /DATE OF PRONOUNCEMENT : 24.09.2018 ::2:: ITA NOS.1527-1529/CHNY/2017 & CO NOS.172-174/CHNY/2017 / O R D E R PER BENCH : THESE APPEALS FILED BY THE REVENUE ARE DIRECTED AG AINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-19, CHENNA I, IN ITA NOS.77, 78, 79, 80/14-15 DATED 21.03.2017 FOR THE AYS 2008- 09, 2010-11 & 2011-12 AND THE CROSS-OBJECTIONS FILED BY THE ASSES SEE IN ITA NOS.1527, 1528 & 1529/CHNY/2017. 2. THE APPEALS OF THE REVENUE ARE FILED WITH 07 D AYS DELAY AND THE REASON STATED IN THE AFFIDAVIT ARE JUST, THEREFORE, WE CONDONED THE DELAY AND ADMIT THE APPEALS FOR HEARING. 3. THE BENCH OBSERVED THAT THE TAX EFFECT IN THESE APPEALS WERE LESS THAN RS.20.00 LAKHS AND HENCE, THE APPEALS OF THE R EVENUE WOULD NOT LIE BEFORE THIS TRIBUNAL BY VIRTUE OF CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018. LD.DR FAIRLY AGREED THAT THE TAX EFFEC T WAS LESS THAN RS.20.00 LAKHS. 4. WE HAVE HEARD THE LD.DR AND PERUSED THE ORDERS O F THE AUTHORITIES BELOW. THE TAX EFFECT IN THE APPEALS OF THE REVENUE BEING LESS THAN RS.20.00 LAKHS, IT CANNOT SURVIVE. THUS, ALL THE A PPEALS OF THE REVENUE ARE DISMISSED. ::3:: ITA NOS.1527-1529/CHNY/2017 & CO NOS.172-174/CHNY/2017 5. SINCE WE HAVE DISMISSED ALL THE APPEALS FILED BY THE REVENUE, THE CROSS-OBJECTIONS FILED BY THE ASSESSEE BECOME INFRU CTUOUS AND ACCORDINGLY, ALL THE CROSS-OBJECTIONS ARE DISMISSED . 6. IN THE RESULT, THE APPEALS FILED BY THE REVENUE & CROSS-OBJECTIONS FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 24 TH DAY OF SEPTEMBER, 2018 IN CHENNAI. SD/- SD/- ( . ) ( ABRAHAM P.GEORGE ) /ACCOUNTANT MEMBER ( . . ! ) ( DUVVURU R.L. REDDY ) # /JUDICIAL MEMBER /CHENNAI, / /DATED: SEPTEMBER 24, 2018. TLN * (#01 21 /COPY TO: 1. ' /APPELLANT 4. 3 /CIT 2. ()' /RESPONDENT 5. 1 (## /DR 3. 3 ( ) /CIT(A) 6. $ /GF