Adwaith Lakshmi Indusries Ltd., Coimbatore V. ITO, Coimbatore

CO 47/CHNY/2015

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 1905 (ITAT-CHENNAI)
• Duration Of Justice: 7 month(s) 21 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 12-01-2016
• Appeal Filed By: Assessee
• Bench Allotted: C
• Next Hearing Date: 12-01-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 22-05-2015
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTH
• Assessee Lawyers: G RAMASWAMY
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : CHENNAI . . . , . ! , ' # $ [ BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ] ./ I.T.A.NO. 832/MDS/2015 & C.O.NO.47/MDS/2015 / ASSESSMENT YEAR : 2010-11 THE INCOME TAX OFFICER CORPORATE WARD I COIMBATORE VS. M/S ADWAITH LAKSHMI INDUSTRIES L TD 114-A SENTHOTTAM SOWRIPALAYAM COIMBATORE 641 028 [PAN AABCA 8143 J ] (APPELLANT) (RESPONDENT /CROSS OBEJCTOR ) DEPARTMENT BY : SHRI A. V SREEKANTH, JCIT ASSESSEE BY : SHRI G RAMASWAMY, CA / DATE OF HEARING : 12 - 012016 / DATE OF PRONOUNCEMENT : 12 - 01 - 2016 / O R D E R PER N.R.S.GANESAN, JUDICIAL MEMBER THIS APPEAL OF THE REVENUE AND THE CROSS OBJECTI ON OF THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF THE C OMMISSIONER OF INCOME-TAX (APPEALS)-I, COIMBATORE, DATED 20.1.2015 AND PERTAINS TO ASSESSMENT YEAR 2010-11. 2. ON HEARING THE LD. DEPARTMENTAL REPRESENTATIVE, WE FIND THAT THE TAX EFFECT IN THIS CASE IS LESS THAN ` 10 LAKHS. THE CBDT IN ITS ITA NO. 832/15 CO NO.47/15 :- 2 -: CIRCULAR NO.21/2015 DATED 10.12.2015 INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WH ERE THE TAX EFFECT IS LESS THAN ` 10 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPIN ION THAT THIS CIRCULAR OF CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN TH IS APPEAL. ACCORDINGLY, THIS APPEAL STANDS DISMISSED. 3. IN THE CROSS OBJECTION, THE ASSESSEE HAS SIMPLY S UPPORTED THE ORDER OF THE CIT(A). IN VIEW OF OUR ORDER IN T HE REVENUES APPEAL, THE CROSS OBJECTION OF THE ASSESSEE HAS BECOME INF RUCTUOUS AND HENCE, DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE AND THE C ROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ON 12 TH JANUARY, 2016, AT CHENNAI. SD/- SD/- ( . ! ) (A. MOHAN ALANKAMONY) ' / ACCOUNTANT MEMBER ( . . . ) ) (N.R.S. GANESAN) / JUDICIAL MEMBER / CHENNAI ! / DATED: 12 TH JANUARY, 2016 RD !' # $% &% / COPY TO: 1 . '( / APPELLANT 3. ) () / CIT(A) 5. %+, # - / DR 2. #.'( / RESPONDENT 4. ) / CIT 6. ,/ 0 / GF