Midde Venkataramana Kumar, Andhra Pradesh V. ITO, CHENNAI

CO 63/CHNY/2014

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 1904 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 6 month(s) 7 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 14-01-2016
• Appeal Filed By: Assessee
• Bench Allotted: D
• Next Hearing Date: 12-01-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 07-07-2014
• Court: TRIBUNAL
• Department Lawyers: NIDHIC A
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, CHENNAI ... , . , , BEFORE SHRI N.R.S.GANESAN, JUDICIAL MEMBER AND SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ I.T.A.NO.1167 /MDS./2014 ( !' #' / ASSESSMENT YEAR :2009-10) & C.O. NO.63/MDS./2014 THE INCOME TAX OFFICER, BUSINESS WARD-XV(3), CHENNAI-34. VS. SHRI M.VENKTA RAMANA KUMAR, C/O B.SRINIVASA RAO, NO.202,SAI SRUTHI APARTMENT, VIDYA NAGAR, KURNOOL 518 002. ANDHRA PRADESH PAN ABVPV 4735 H ( / APPELLANT ) ( / RESPONDENT )/ ( CROSS OBJECTOR ) $% & ' / APPELLANT BY : DR.B.NISCHAL,JCIT,D.R ()$% & ' / RESPONDENT BY : MS.NIDHI,C.A * + & ,- / DATE OF HEARING : 12.01.2016 .# & ,- /DATE OF PRONOUNCEMENT : 12.01.2016 ITA NO.1167 /MDS/2014 SHRI M.VENKATA RAMANA KUMAR 2 / O R D E R PER A.MOHAN ALANKAMONY , ACCOUNTANT MEMBER: THIS APPEAL IS FILED BY THE REVENUE, AGGRIEVED BY T HE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX(A)-VI, CHENNAI D ATED 29.01.2014 IN ITA NO.1559/13-14 PASSED UNDER SEC.1 43(3) READ WITH SECTION 250 OF THE ACT. THE ASSESSEE HAS ALSO FILED CROSS OBJECTION AGAINST THE VERY SAME ORDER OF THE CIT(A) . 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 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 OPINION THAT THIS CIRCULAR OF CBDT IS BINDING ON TH E OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN THIS APPEAL. ACCORDINGLY, THIS APPEAL STANDS DISMISSED. ITA NO.1167 /MDS/2014 SHRI M.VENKATA RAMANA KUMAR 3 3. SINCE WE HAVE DISMISSED THE APPEAL OF THE REVENU E BASED ON THE MONETARY LIMIT FIXED BY THE CBDT FOR FILING THE APPEAL, THE CROSS OBJECTIONS OF THE ASSESSEE HAS BECOME INFRUCTUOUS. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DIS MISSED AND THE CROSS OBJECTIONS FILED BY THE ASSESSEE IS ALSO DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUS ION OF HEARING ON THE 12 TH JANUARY, 2016. SD/- SD/- ( . . . ) ( N.R.S.GANESAN ) ( . '#$ %' ) (A.MOHAN ALANKAMONY) JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI, DATED THE 12 TH JANUARY, 2016 K S SUNDARAM. COPY TO: 1. $% /APPELLANT 2. ()$% /RESPONDENT 3. * /, ( ) /CIT(A) 4. * /, /CIT 5. 23 (,4! /DR 6. ' 5+ /GF