ACIT (OSD) Corporate Circle 2(1)(k/c), CHENNAI V. GM Pens International Pvt Ltd., CHENNAI

ITA 1035/CHNY/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 1799 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 12-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHRI N
• 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 MEMBE R ./ ITA NO.1035/CHNY/2019 # $# /ASSESSMENT YEAR: 2012-13 THE ASST. COMMISSIONER OF INCOME TAX (OSD), CORPORATE CIRCLE-2(1)(I/C), CHENNAI. VS. M/S. GM PENS INTERNATIONAL PVT. LTD., JANAKPURI, NO.2, VELACHERY BYPASS ROAD, VELACHERY, CHENNAI 600 042. [PAN: AAACG 1150E] ( %& /APPELLANT) ( '(%& /RESPONDENT) %& ) * / APPELLANT BY : SHRI AR V.SREENIVASAN, JCIT '(%& ) * /RESPONDENT BY : SHRI N. QUADIR HOSEYN, ADV. + ) ,! /DATE OF HEARING : 20.11.2019 -.$ ) ,! / DATE OF PRONOUNCEMENT : 20.11.2019 / O R D E R PER SHRI S. JAYARAMAN, ACCOUNTANT MEMBER : THE REVENUE FILED THIS APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-6, CHENNAI IN ITA NO.116/CIT(A)-6/2017-18 DATED 21.01.2019 FOR THE AS SESSMENT YEAR (AY) 2012-13. ITA NO.1035/CHNY/2019 :- 2 -: 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 CBDT CIRCULAR NO.17/2019 DATED 08.08.2019, FIXING T HE MONETARY LIMIT OF RS.50 LAKHS. THE LD. DR ON VERIFICATION ADMITTED T HAT THE TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.50 LAKHS. 3. ON HEARING THE LD. DR, WE FIND THAT THE TAX EFF ECT 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. THI S TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIRCULAR OF CBDT IS BI NDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED F URTHER IN THIS APPEAL. ACCORDINGLY, THE APPEAL STANDS DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DIS MISSED. ORDER PRONOUNCED ON 20 TH DAY OF NOVEMBER, 2019 IN CHENNAI. SD/- SD/- ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( . ) (S. JAYARAMAN) /ACCOUNTANT MEMBER /CHENNAI, 3 /DATED: 20 TH NOVEMBER, 2019 . EDN, SR. P.S ) ',45 65$, /COPY TO: 1. %& /APPELLANT 2. '(%& /RESPONDENT 3. + 7, ( )/CIT(A) 4. + 7, /CIT 5. 58 ', /DR 6. 9# : /GF ITA NO.1035/CHNY/2019 :- 3 -: