Prodapt Solutions Private Limited, CHENNAI V. ACIT Corporate Circle 5(2), CHENNAI

CO 6/CHNY/2018

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 3945 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 15 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 17-07-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 01-02-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR SREENIVASA RAO
• Assessee Lawyers: S VENKATASUBRAMANIYAN
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , D B ENCH, CHENNAI . , ! ' ! # . $ , % & BEFORE SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI DUVVURU RL REDDY, JUDICIAL MEMBER ./ I.T.A.NO.2526/CHNY/2017 ( / ASSESSMENT YEAR: 2011-12) THE ASST. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 5(2), CHENNAI. VS M/S. PRODAPT SOLUTIONS PVT. LTD., 283/4, PRINCE INFOCITY-II, 4 TH FLOOR, RAJIV GANDHI SALAI (OMR), KANDANCHAVADI, CHENNAI 600 096. PAN: AAACZ0985G ( /APPELLANT) ( /RESPONDENT) & C.O. NO.6/CHNY/2018 ( IN ITA NO. 2526/CHNY/2017 ) M/S. PRODAPT SOLUTIONS PVT. LTD., 283/4, PRINCE INFOCITY-II, 4 TH FLOOR, RAJIV GANDHI SALAI (OMR), KANDANCHAVADI, CHENNAI 600 096. VS THE ASST. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 5(2), CHENNAI. PAN: AAACZ0985G ( /APPELLANT) ( /RESPONDENT) *+ , - . /ASSESSEE BY : SHRI S. VENKATASUBRAMANIYAN, CA /REVENUE BY : DR. SREENIVASA RAO, CIT , +12 /DATE OF HEARING : 17.07.2018 , +12 /DATE OF PRONOUNCEMENT : 17.07.2018 / O R D E R PER A. MOHAN ALANKAMONY, AM:- THE APPEAL BY THE REVENUE IS DIRECTED AGAINST THE O RDER PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (A PPEALS)-3, CHENNAI DATED 30.06.2017 IN ITA NO.126/2015-16/CIT( A)3 FOR THE 2 ITA NO.2526 /CHNY /2017 & CO NO.6 /CHNY/2018 ASSESSMENT YEAR 2011-12 PASSED U/S.250(6) R.W.S. 14 3(3) AND 92CA(4) & 144C OF THE ACT. THE ASSESSEE HAS ALSO RA ISED CROSS OBJECTION IN SUPPORT OF THE ORDER OF THE LD.CIT(A) SUPRA. 2. AT THE OUTSET, THE LD.AR SUBMITTED BEFORE US TH AT THE ABOVE MENTIONED APPEAL IS NOT MAINTAINABLE DUE TO T HE LATEST CIRCULAR NO.3/2018 DATED 11.07.2018 ISSUED BY THE CBDT WITH RESPECT TO MONETARY LIMIT. HENCE, IT WAS PLEADED T HAT THE APPEAL OF THE REVENUE MAY BE DISMISSED. THE LD. DR COULD NOT CONTROVERT TO THE SUBMISSION OF THE LD.AR. 3. AFTER HEARING BOTH SIDES WE FIND MERIT IN THE S UBMISSION OF THE LD.AR. THE CBDT HAS DIRECTED THE REVENUE NOT T O FILE APPEAL BEFORE THE TRIBUNAL WHERE THE TAX EFFECT DOES NOT E XCEED RS.20 LAKHS. IN THE ABOVE MENTIONED APPEAL OF THE ASSESSE E THE TAX EFFECT IS LESS THAN RS.20 LAKHS. THEREFORE, WE HERE BY DISMISS THE APPEAL FILED BY THE REVENUE AS NOT MAINTAINABLE. 4. SINCE WE HAVE DISMISSED THE APPEAL FILED BY THE REVENUE ON MONETARY LIMITS, THE CROSS OBJECTION FILED BY TH E ASSESSEE HAS BECOME INFRUCTUOUS AND DISMISSED ACCORDINGLY. 3 ITA NO.2526 /CHNY /2017 & CO NO.6 /CHNY/2018 5. IN THE RESULT THE APPEAL FILED BY THE REVENUE A S WELL AS THE CROSS OBJECTION FILED BY THE ASSESSEE ARE DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH JULY, 2018 AT CHENNAI. SD/- SD/- ( ! ' ! # . $ ) ( . ) ( DUVVURU RL REDDY ) ( A. MOHAN ALANKAMONY ) 5 67 /JUDICIAL MEMBER 67 / ACCOUNTANT MEMBER 85 0 /CHENNAI, 96 /DATED 17 TH JULY, 2018 RSR 6 , +;< =<+ /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. / >+ ( )/CIT(A) 4. / >+ /CIT 5.