IT Expressway Ltd., CHENNAI V. DCIT Corporate Circle 2(2), CHENNAI

CO 28/CHNY/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 3286 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 11 month(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 28-02-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2008-2009
• Appeal Filed On: 28-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R ANITHA
• Assessee Lawyers: S SRIDHAR
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , D B ENCH, CHENNAI , , # $ BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ I.T.A.NO.2561/CHNY/2017 ( / ASSESSMENT YEAR: 2008-09) & C.O. NO.28/CHNY/2018 THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 2(2), ROOM NO. 512, 5 TH FLOOR, WANAPARTHY BLOCK, 121 M.G. ROAD, CHENNAI 600 034. VS M/S. IT EXPRESSWAY LTD., NO. 171, TAMILNADU MARITIME BOARD BUILDING, II FLOOR, SOUTH KESAVA PERUMALPURAM, GREENWAYS ROAD, CHENNAI 600 028. PAN: AAECI 2550H ( /APPELLANT) ( /RESPONDENT) /REVENUE BY : MS. R. ANITHA, JCIT /ASSESSEE BY : SHRI S. SRIDHAR, ADVOCATE ! /DATE OF HEARING : 05.12.2019 ! /DATE OF PRONOUNCEMENT : 28.02.2020 / O R D E R PER BENCH: THIS APPEAL FILED BY THE REVENUE AND THE CROSS OBJE CTION FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF THE LEAR NED COMMISSIONER OF INCOME TAX (APPEALS)-6, CHENNAI, IN ITA NO.166/CIT( A)-6/2010-11 DATED 18.08.2017 FOR THE ASSESSMENT YEAR 2008-09. 2 ITA NO.3128/CHNY/2016 & CO NO.199/CHNY/2016 2. AT THE TIME OF HEARING, THE LD.AR SUBMITTED THA T THE TAX EFFECT IS BELOW RS.50 LAKHS AND HENCE THE REVENUES APPEAL WOULD BE COVERED BY THE CBDT CIRCULAR NO.17/2019 DATED 08.08.2019, FIXING T HE MONETARY LIMIT OF RS.50 LAKHS. THE LD.DR ON VERIFICATION ADMITTED TH AT THE TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.50 LAKHS. 3. ON HEARING BOTH SIDES, WE FIND THAT THE TAX EFF ECT IN THIS CASE IS LESS THAN RS. 50 LAKHS. THE CBDT IN ITS CIRCULAR NO. 17/ 2019 DATED 08.08.2019 INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE TAX EFFECT IS LESS THAN RS. 50 LAKHS. TH IS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIRCULAR OF CBDT IS BI NDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCE ED FURTHER IN THIS APPEAL. ACCORDINGLY, THE APPEAL STANDS DISMISSED. 4. SINCE WE HAVE DISMISSED THE APPEAL FILED BY THE REVENUE ON MONETARY LIMITS, THE CROSS OBJECTION FILED BY THE ASSESSEE H AS BECOME INFRUCTUOUS. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE A S WELL AS THE CROSS OBJECTION FILED BY THE ASSESSEE ARE DISMISSED. 3 ITA NO.3128/CHNY/2016 & CO NO.199/CHNY/2016 ORDER PRONOUNCED IN THE COURT ON 28 TH FEBRUARY, 2020 AT CHENNAI. & /CHENNAI, ' /DATED : 28 TH FEBRUARY, 2020 JPV *+ ,+ /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. / ( )/CIT(A) 4. / /CIT 5. + 2 /DR 6. /GF SD/- ( ) (GEORGE MATHAN) /JUDICIAL MEMBER SD/- ( ) (S. JAYARAMAN) /ACCOUNTANT MEMBER