Dravida Munetra Kazhagam, CHENNAI V. ITO, CHENNAI

CO 83/CHNY/2013

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 2064 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 9 month(s) 16 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 29-02-2016
• Appeal Filed By: Assessee
• Bench Allotted: D
• Next Hearing Date: 25-02-2016
• Assessment Year: misc
• Appeal Filed On: 13-05-2013
• Court: TRIBUNAL
• Department Lawyers: T R SENTHIL KUMAR SR STG
• Assessee Lawyers: J PRABAKAR
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME - TAX APPELLATE TRIBUNAL D BENCH, CHENNAI , . , BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER & SHRI DUVVURU RL REDDY , JUDICIAL MEMBER ./ I.T.A.NO. 6 22/MDS/2013 / ASSESSMENT YEAR : 1977 - 78 & C.O. NO. 83/MDS/2013 [IN I.T.A.NO. 6 22 /MDS/201 3 ] THE INCOME TAX OFFICER , WARD XV(2) , CHENNAI 600 034 . VS. M/S. DRAVIDA MUNETRA KAZHAGAM, NO. 268 - 269, ANNA SA LAI, CHENNAI 600 018. [PAN: A AABD0007A ] ( APPELLANT ) ( RESPONDENT /CROSS OBJECTOR ) DEPARTMENT BY : SHRI T.R. SENTHIL KUMAR, SR. STG. COUNSEL ASSESSEE BY : SHRI J. PRABAKAR, C.A. / DATE OF HEARING : 25. 0 2 .2016 / DATE OF P RONOUNCEMENT : 29 . 0 2 .201 6 / O R D E R PER DUVVURU RL REDDY , JUDICIAL MEMBER : T H IS APPEAL FILED BY THE REVENUE AND CROSS OBJECTION AT THE BEHEST OF THE ASSESSEE, EMANATE FROM THE ORDER OF THE COMMI SSIONER OF INCOME TAX (APPEALS) XI I , CHENNAI DATED 2 1 . 12 .201 2 RELEVANT TO THE ASSESSMENT YEAR 1977 - 78 . 2. AT THE TIME OF HEARING THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT IN THE APPEAL FILED BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF .10,00,000/ - FIXED B Y THE CBDT TO FILE AN APPEAL BY THE I.T.A. NO . 6 22 /M/ 1 3 & C.O. NO. 83 /M/1 3 2 REVENUE BEFORE THE TRIBUNAL AS PER THE CBDT CIRCULAR NO. 21/2015, DATED 10.12.2015. THE LD. DR FAIRLY CONCEDED THE SUBMISSIONS MADE BY THE LD. COUNSEL FOR THE ASSESSEE. BEING SO, THE REVENUE AUTHORITIES ARE PRECLUDED FRO M FILING THE APPEAL BEFORE THE TRIBUNAL, SINCE THE TAX EFFECT IS LESS THAN .10,00,000/ - IN THIS APPEAL. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS DISMISSED AS UN - ADMITTED. 3. SINCE WE HAVE DISMISSED THE APPEAL FILED BY THE REVENUE, THE CROSS OBJEC TION FILED BY THE ASSESSEE HAS BECOME INFRUCTUOUS AND ACCORDINGLY DISMISSED. 4. IN THE RESULT, BOTH THE APPEAL FILED BY THE REVENUE AND THE CROSS OBJECTION FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED ON THE 29 TH FEBRUARY , 20 16 AT CHENNAI. SD / - SD/ - ( CHANDRA POOJARI ) ACCOUNTANT MEMBER ( DUVVURU RL REDDY ) JUDICIAL MEMBER CHENNAI, DATED, THE 29 . 0 2 .201 6 VM/ - / COPY TO: 1. / APPELLANT , 2. / RESPONDENT , 3. ( ) / CIT(A) , 4. / CIT , 5. / DR & 6. / GF.