New Bose Bottle Company, Thanjavur V. ITO, Ward-1, Thanjavur

CO 30/CHNY/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8612 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 17 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 03-09-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 16-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G BASKAR
• Assessee Lawyers: R ANITHA
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . . . , ! ' # , % #& BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ./ ITA NOS.162 & 163/CHNY/2019 & C.O. NOS.29 & 30/CHNY/2019 (IN I.T.A. NOS.162 & 163/CHNY/2019) ) *) / ASSESSMENT YEARS : 2013-14 & 2014-15 THE INCOME TAX OFFICER, WARD -1, NO.100, N.K. ROAD, THANJAVUR 613 006. V. M/S NEW BOSE BOTTLE COMPANY, NO.23, SNM NAGAR, DABEERKULAM ROAD, EAST GATE, THANJAVUR 613 001. PAN : AAIFN 5938 J (,-/ APPELLANT) (RESPONDENT & CO-OBJECTOR) ,- . / / APPELLANT BY : MS. R. ANITHA, JCIT 01,- . / / RESPONDENT BY : SHRI G. BASKAR, ADVOCATE 2 . 3% / DATE OF HEARING : 28.08.2019 45* . 3% / DATE OF PRONOUNCEMENT : 03.09.2019 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : BOTH THE APPEALS OF THE REVENUE ARE DIRECTED AGAINS T THE COMMON ORDER PASSED BY THE COMMISSIONER OF INCOME T AX (APPEALS)-1, TRICHY, DATED 24.10.2018 PERTAINING TO ASSESSMENT Y EARS 2013-14 AND 2014-15. THE ASSESSEE HAS FILED CROSS-OBJECTIONS A GAINST THE VERY SAME ORDER OF THE CIT(APPEALS). THEREFORE, WE HEARD THE APPEALS OF THE 2 I.T.A. NOS.162 & 163/CHNY/19 C.O. NOS.29 & 30/CHNY/19 REVENUE AND THE CROSS-OBJECTIONS OF THE ASSESSEE TO GETHER AND DISPOSING THE SAME BY THIS COMMON ORDER. 2. ON HEARING THE LD. DEPARTMENTAL REPRESENTATIVE, WE FIND THAT THE TAX EFFECT IN THESE CASES IS LESS THAN ` 50 LAKHS. THE CBDT IN ITS CIRCULAR NO.17/2019 DATED 08.08.2019 INCREASED THE MONETARY LIMIT FOR FILING APPEAL BEFORE THIS TRIBUNAL AND INSTRUCTED ITS OFFI CERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE TAX EFFEC T IS LESS THAN ` 50 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIRCULAR OF CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN THESE APPEALS. A CCORDINGLY, THESE APPEALS STAND DISMISSED. THE CROSS-OBJECTIONS FIL ED BY THE ASSESSEE ALSO STAND DISMISSED. 3. IN THE RESULT, BOTH THE APPEALS FILED BY THE REV ENUE AND THE CROSS-OBJECTIONS FILED BY THE ASSESSEE STAND DISMIS SED. ORDER PRONOUNCED IN THE COURT ON 3 RD SEPTEMBER, 2019 AT CHENNAI. SD/- SD/- ( ! ' # ) ( . . . ) (INTURI RAMA RAO) (N.R.S. GANESAN) % / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 7 /DATED, THE 3 RD SEPTEMBER, 2019. KRI. 3 I.T.A. NOS.162 & 163/CHNY/19 C.O. NOS.29 & 30/CHNY/19 . 0389 :9*3 /COPY TO: 1. ,- /APPELLANT 2. 01,- /RESPONDENT 3. 2 ;3 () /CIT(A), TRICHY 4. PRINCIPAL CIT, TRICHY-2, TRICHY 5. 9< 03 /DR 6. =) > /GF.