ITO Corporate Ward 1(1), CHENNAI V. Acurus Solutions Private Limited, CHENNAI

ITA 1003/CHNY/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1241 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 23-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: YAMUNA
• Assessee Lawyers: K BALASUBR AMANIAN
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B BEN CH, CHENNAI . . . , . , ! BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ I.T.A.NO.1003/CHNY/2018 ( / ASSESSMENT YEAR:2009-10) THE INCOME TAX OFFICER, CORPORATE WARD 1(1), CHENNAI 34. VS M/S. ACURUS SOLUTIONS PVT. LTD., NO.4/363, C BLOCK, RAJAI STREET, OMR, KANDANCHAVADI, CHENNAI 600 096. PAN: AADCA4486E ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MS. YAMUNA, JCIT / RESPONDENT BY : SHRI K. BALASUBRAMANIAN, ADVOCATE /DATE OF HEARING : 04.09.2018 /DATE OF PRONOUNCEMENT : 04.09.2018 / O R D E R PER A. MOHAN ALANKAMONY, AM:- THE APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) -4, CHENNAI, DATED 13.12.2017 IN ITA NO.321/2016-17/A.Y.2009-10/ CIT(A)-4 FOR THE ASSESSMENT YEAR 2009-10 PASSED U/S.250(6) R.W.S . 143(3) & 147 OF THE ACT. 2. AT THE OUTSET, THE LD.AR SUBMITTED BEFORE US THA T THE ABOVE MENTIONED APPEAL IS NOT MAINTAINABLE DUE TO THE LATEST CIRCULAR NO.3/2018 DATED 11.07.2018 ISSUED BY THE CBDT WITH RESPECT TO 2 ITA NO.1003/CHNY/2018 MONETARY LIMIT. HENCE, IT WAS PLEADED THAT THE APP EAL OF THE REVENUE MAY BE DISMISSED. THE LD. DR COULD NOT CONTROVERT T O THE SUBMISSION OF THE LD.AR. 4. AFTER HEARING BOTH SIDES WE FIND MERIT IN THE SU BMISSION OF THE LD.AR. THE CBDT HAS DIRECTED THE REVENUE NOT TO FI LE APPEAL BEFORE THE TRIBUNAL WHERE THE TAX EFFECT DOES NOT EXCEED R S.20 LAKHS. IN THE ABOVE MENTIONED APPEAL OF THE ASSESSEE THE TAX EFFE CT IS LESS THAN RS.20 LAKHS. THEREFORE, WE HEREBY DISMISS THE APPEA L FILED BY THE REVENUE AS NOT MAINTAINABLE. 5. IN THE RESULT APPEAL OF THE REVENUE IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON THE 4 TH SEPTEMBER, 2018 AT CHENNAI. SD/- SD/- ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( . ) (A. MOHAN ALANKAMONY) / ACCOUNTANT MEMBER #$ /CHENNAI, %& /DATED 4 TH SEPTEMBER, 2018 RSR & () *) /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. - ( )/CIT(A) 4. - /CIT 5. )./ 0 /DR 6. /1 /GF