TVS Electronics Limited, CHENNAI V. DCIT, CHENNAI

CO 33/CHNY/2016

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 2059 (ITAT-CHENNAI)
• Duration Of Justice: 8 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 04-03-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 02-03-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 25-02-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R VIJAYARAGHAVAN
• Assessee Lawyers: A V SREEKANTH
• Keywords: Reasonable cause; Tax effect
• Section: 143(3); 147

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , C B ENCH, CHENNAI . , . , # $ BEFORE SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI G.PAVAN KUMAR, JUDICIAL MEM BER ./ ITA NO.35/MDS/2016 & C.O.NO.33/MDS/2016 (IN ITA NO.35/MDS/2016) ( / ASSESSMENT YEAR: 2006-07) THE ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-3(1), NEW BLOCK, 4 TH FLOOR, CHENNAI-600 034. VS M/S. TVS ELECTRONICS LTD., JAYALAKSHMI ESTATES, 29, HADDOWS ROAD, CHENNAI-600 006. PAN:AAACI0886K ( /APPELLANT) (RESPONDENT/CROSS OBJECTOR) / APPELLANT BY : MR. A.V.SREEKANTH, JCIT /RESPONDENT BY : MR. R.VIJAYARAGHAVAN, ADVOCATE /DATE OF HEARING : 2 ND MARCH, 2016 /DATE OF PRONOUNCEMENT : 4 TH MARCH, 2016 / O R D E R PER A. MOHAN ALANKAMONY, AM:- THE APPEAL AND THE CROSS OBJECTION ARE FILED BY T HE REVENUE AND ASSESSEE RESPECTIVELY AGGRIEVED BY THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS )-11, CHENNAI DATED 27.10.2015 IN ITA NO.116/CIT(A)-11/ 2014- 15 PASSED UNDER SECTION 143(3) READ WITH SECTION 147 OF THE ACT. 2. THE APPEAL FILED BY THE REVENUE IS BARRED BY LIM ITATION OF THREE DAYS. THE REVENUE FILED AN AFFIDAVIT EXPLA INING THE REASON THAT RECORDS OF THIS CASE INADVERTENTLY GOT MIXED UP 2 ITA NO.35/MDS/2016 & C.O. NO.33/MDS/2016 WITH OTHER FILES AND THEREFORE, THERE WAS A DELAY O F THREE DAYS IN FILING OF APPEAL AND PRAYED FOR CONDONATION OF D ELAY. CONSIDERING THE SUBMISSIONS OF THE REVENUE, WE ARE SATISFIED THAT THERE WAS REASONABLE CAUSE FOR THE D ELAY IN FILING THE APPEAL. THEREFORE IN THE INTEREST OF JUS TICE, WE HEREBY CONDONE THE DELAY IN FILING OF THE APPEAL AN D ADMIT THE SAME. 3. ON HEARING BOTH THE PARTIES, WE FIND THAT THE TA X EFFECT IN THE APPEAL OF THE REVENUE IS LESS THAN ` 10 LAKHS. THE CBDT IN ITS CIRCULAR NO.21/2015 DATED 10.12.2015 IN STRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BE FORE THE ITAT WHERE THE TAX EFFECT IS LESS THAN ` 10 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIR CULAR OF CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN TH E APPEAL. ACCORDINGLY, THIS APPEAL STANDS DISMISSED . 4. SINCE WE HAVE DISMISSED THE APPEAL OF THE REVENU E IN LIMINE, THE CROSS OBJECTION FILED BY THE ASSESSEE B ECOMES INFRUCTUOUS AND THE SAME IS DISMISSED ACCORDINGLY. 3 ITA NO.35/MDS/2016 & C.O. NO.33/MDS/2016 5. IN THE RESULT, THE APPEAL OF THE REVENUE AND THE CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 4 TH MARCH, 2016 SD/- SD/- ( . ) ( . ) (G.PAVAN KUMAR) ( A.MOHAN ALAN KAMONY ) # % / JUDICIAL MEMBER % / ACCOUNTANT MEMBER # /CHENNAI, ( /DATED 4 TH MARCH, 2016 SOMU *+ ,+ /COPY TO: 1. APPELLANT 2. RESPONDENT 3. - () /CIT(A) 4. - /CIT 5. + 1 /DR 6. /GF