P.S.Kumaran, CHENNAI V. ITO, CHENNAI

CO 98/CHNY/2015

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 1906 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 24 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 21-01-2016
• Appeal Filed By: Assessee
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 28-08-2015
• Court: TRIBUNAL
• Assessee Lawyers: P S KUMARAN
• 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.1541/MDS/2015 & C.O.NO.98/MDS/2015 / ASSESSMENT YEAR : 2010-11 THE INCOME TAX OFFICER NON-CORPORATE WARD 3(4) CHENNAI VS. SHRI P.S KUMARAN PRABHA GARDENS NEW NO.4 (OLD NO.30-2) P.C HOSTEL ROAD, CHETPUT CHENNAI 600 031 [PAN AHAPK 9662 P ] (APPELLANT) (RESPONDENT /CROSS OBJECTOR ) DEPARTMENT BY : SHRI GURU BASHYAM, JCIT ASSESSEE BY : SHRI P.S.KUMARAN ( ASSESSEE) / DATE OF HEARING : 21 - 1 - 2016 / DATE OF PRONOUNCEMENT : 21 - 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 CO MMISSIONER OF INCOME-TAX (APPEALS)-4, CHENNAI, DATED 26.2.2015 AN D PERTAINS TO ASSESSMENT YEAR 2010-11. 2. ON HEARING THE LD. DEPARTMENTAL REPRESENTATIVE, WE FIND THAT THE TAX EFFECT IN THESE APPEALS IS LESS THAN ` 10 LAKHS. THE CBDT ITA NO. 1541/15 CO NO.98/15 :- 2 -: IN CIRCULAR NO.21/2015 DATED 10.12.2015 INCREASED T HE MONETARY LIMIT FOR FILING APPEAL BEFORE THIS TRIBUNAL FROM ` 4 LAKHS TO ` 10 LAKHS. THE CBDT FURTHER CLARIFIED THAT THE INSTRUCTION DATED 1 0.12.2015 WILL APPLY RETROSPECTIVELY TO ALL THE PENDING APPEALS BEFORE T HIS TRIBUNAL. THE CBDT HAS ALSO INSTRUCTED ITS OFFICERS TO WITHDRAW T HE APPEALS PENDING BEFORE THIS TRIBUNAL. IN VIEW OF THE ABOVE, THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THE CIRCULAR ISSUED BY THE CBDT ON 10.12.2015 IS BINDING ON THE DEPARTMENT. THEREFORE, THE APPEA L FILED BY THE REVENUE IS NOT MAINTAINABLE. ACCORDINGLY, THE APPE AL OF THE REVENUE IS DISMISSED. 3. IN THE CROSS OBJECTION, THE ASSESSEE HAS SIMPLY SU PPORTED 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. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ON 21 ST JANUARY, 2016, AT CHENNAI. SD/- SD/- ( . !' ) (A. MOHAN ALANKAMONY) # / ACCOUNTANT MEMBER ( . . . ) ) (N.R.S. GANESAN) / JUDICIAL MEMBER / CHENNAI ! / DATED: 21 ST JANUARY, 2016 RD !' # $% &% / COPY TO: 1 . '( / APPELLANT 3. ) () / CIT(A) 5. %+, # - / DR 2. #.'( / RESPONDENT 4. ) / CIT 6. ,/ 0 / GF