ITO Corporate Ward 2(1), CHENNAI V. ETL Power Services Ltd., CHENNAI

ITA 1030/CHNY/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 6218 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 12-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , A BENCH, CHENNAI . . . , , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ I.T.A.NO.1030/CHNY/2019 ( [ [ / ASSESSMENT YEAR: 2009-10) THE ITO, CORPORATE WARD -2(1), CHENNAI. VS M/S. ETL POWER SERVICES LTD., CHENNAI ONE IT SEZ, PALLAVARAM, THORAIPAKKAM, 200 FEET ROAD, THORAIPAKKAM, CHENNAI 600 097. PAN: AA BCE6958P ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI AR.V. SREENIVASAN, JCIT / RESPONDENT BY : SHRI SAROJ KUMAR PARIDA, ADVOCATE /DATE OF HEARING : 10.10.2019 /DATE OF PRONOUNCEMENT : 10.10.2019 / O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER: THE REVENUE FILED THIS APPEAL AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-6, CHENNAI IN APPEAL NO.459/CIT(A)-6/2016-17 DATED 23.01.2019 FOR THE ASSESSMENT YEAR 2009-10. 2. AT THE TIME OF HEARING, THE LD.AR SUBMITTED THAT THE TAX EFFECT IS BELOW RS.50 LAKHS AND HENCE THE REVENUES APPEAL WOULD BE COVERED BY THE 2 ITA NO.1030/CHNY/2019 CBDT CIRCULAR NO.17/2019 DATED 08.08.2019, FIXING THE MONETARY LIMIT OF RS.50 LAKHS. THE LD.DR ON VERIFICATION ADMITTED THAT THE TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.50 LAKHS. 3. ON HEARING BOTH SIDES, WE FIND THAT THE TAX EFFECT IN THIS CASE IS LESS THAN RS. 50 LAKHS. THE CBDT IN ITS CIRCULAR NO. 17/2019 DATED 08.08.2019 INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE TAX EFFECT IS LESS THAN RS. 50 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIRCULAR OF CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN THIS APPEAL. ACCORDINGLY, THE APPEAL STANDS DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH OCTOBER, 2019 AT CHENNAI. SD/- SD/- /CHENNAI, /DATED 10 TH OCTOBER, 2019 RSR /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( ) /CIT(A) 4. /CIT 5. /DR 6. [ /GF ( . . . ) (N.R.S. GANESAN) / JUDICIAL MEMBER ( ) (S. JAYARAMAN) /ACCOUNTANT MEMBER