M/S. GESTIONE CONSULTING INDIA PVT. LTD., ERODE V. ACIT, CIRCLE-2, , ERODE

CO 89/CHNY/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 3626 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 24-02-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 23-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S SENTHIL KUMAR
• Assessee Lawyers: VIJAYAPRABHA
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME-TAX APPELLATE TRIBUNAL C BENCH, CHENNAI , . , BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER & SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER ./ I.T.A. NO. 2262/CHNY/2019 /ASSESSMENT YEAR: 2014-15 & C.O. NO. 89/CHNY/2019 [IN I.T.A. NO. 2262/CHNY/2019] THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 2, ERODE. VS. M/S. GESTIONE CONSULTING INDIA PVT. LTD., NO. 14, VATHIYAR THOTTAM, RAMBAIYAL CHIKKARASAMPALAYAM, SATHYAMANGALAM, ERODE DT. 638 401. [PAN:AACCG5394A] ( /APPELLANT ) ( RESPONDENT/CROSS OBJECTOR ) / APPELLANT BY : MS. VIJAYAPRABHA, JCIT / RESPONDENT BY : SHRI S. SENTHIL KUMAR, ADVOCATE / DATE OF HEARING : 20.02.2020 /DATE OF PRONOUNCEMENT : 24.02.2020 / O R D E R PER BENCH: THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) 3, COIMBATORE DATED 16.05.2019 RELEVANT TO THE ASSESSMENT YEAR 2014-15. 2. THE APPEAL FILED BY THE REVENUE IS DELAYED BY 5 DAYS, FOR WHICH, THE REVENUE HAS FILED A PETITION FOR CONDONATION OF THE DELAY, TO WHICH; I.T.A. NO. 2262/CHNY/19 & C.O. NO. 89/CHNY/19 2 THE LD. COUNSEL FOR THE ASSESSEE HAS NOT RAISED ANY SERIOUS OBJECTION. CONSEQUENTLY, SINCE THE REVENUE WAS PREVENTED BY SUFFICIENT CAUSE, THE DELAY OF 5 DAYS IN FILING OF THE APPEAL STANDS CONDONED AND THE APPEAL IS ADMITTED FOR ADJUDICATION. 3. 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 .50,00,000/- FIXED BY THE CBDT TO FILE AN APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AS PER THE CBDT CIRCULAR NO. 17/2019, DATED 08.08.2019. THE LD. DR FAIRLY CONCEDED THE SUBMISSIONS MADE BY THE LD. COUNSEL FOR THE ASSESSEE. BEING SO, THE REVENUE AUTHORITIES ARE PRECLUDED FROM FILING THE APPEAL BEFORE THE TRIBUNAL, SINCE THE TAX EFFECT IS LESS THAN .50,00,000/- IN THIS APPEAL AND THE APPEAL FILED BY THE REVENUE IS LIABLE TO BE DISMISSED. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 4. SINCE WE HAVE DISMISSED THE APPEAL FILED BY THE REVENUE ON LOW TAX EFFECT, THE CROSS OBJECTION FILED BY THE ASSESSEE BECAME INFRUCTUOUS AND ACCORDINGLY DISMISSED. I.T.A. NO. 2262/CHNY/19 & C.O. NO. 89/CHNY/19 3 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE AND THE CO FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED ON THE 24 TH FEBRUARY, 2020 AT CHENNAI. SD/- SD/- (INTURI RAMA RAO) ACCOUNTANT MEMBER (DUVVURU RL REDDY) JUDICIAL MEMBER CHENNAI, DATED, THE 24.02.2020 VM/- /COPY TO: 1. / APPELLANT, 2. / RESPONDENT, 3. ( ) /CIT(A), 4. /CIT, 5. /DR & 6. /GF.