ITO Non Corporate Ward 14(5), CHENNAI V. Rasmita Naik, CHENNAI

ITA 1059/CHNY/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1840 (ITAT-CHENNAI)
• Duration Of Justice: 7 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 28-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: K M MOHANDASS
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, A BENCH : CHENNAI . , ! ' # ' $ . %& , ( * + [BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBE R AND SHRI DUVVURU RL REDDY , JUDICIAL MEMBER ] ./I.T.A. NO.1059/CHNY/2018. / ASSESSMENT YEAR : 2012-2013. THE INCOME TAX OFFICER, NON CORPORATE WARD 14(5) CHENNAI 600 034. VS. SMT. RASMITA NAIK, G-1, 24/34, 1 ST STREET, VIKRAM ENCLAVE POSTAL COLONY, WEST MAMBALAM. CHENNAI 600 033. [PAN ACXPN 7518D] ( ,- / APPELLANT) ( ./,- /RESPONDENT) / APPELLANT BY : SHRI. AR.V. SREENIVASAN, JCIT. /RESPONDENT BY : SHRI. K.M. MOHANDASS, C.A. /DATE OF HEARING : 14-11-2018 ! /DATE OF PRONOUNCEMENT : 14-11-2018 0 / O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST AN ORDER DATED 28.09.2017 OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-14, CHENNAI. 2. LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT TAX EF FECT IN THIS CASE WAS LESS THAN D20,00,000/- AND HENCE AN APPEA L WOULD NOT LIE ITA NO.1059/2018 :- 2 -: BEFORE THIS TRIBUNAL BY VIRTUE OF CBDT CIRCULAR NO. 3/2018, DATED 11.07.2018 3. PER CONTRA, LD. DEPARTMENTAL REPRESENTATIVE FAIRL Y AGREED THAT TAX EFFECT WAS LESS THAN D20,00,000/- AND B Y VIRTUE OF PARA 13 OF THE CIRCULAR MENTIONED (SUPRA) PENDING APPEALS BEFORE THE SPECIFIC TAX LIMIT HAD TO BE WITHDRAWN/NOT PRESSED. 4. WE HAVE CONSIDERED THE RIVAL CONTENTIONS AND PERUSE D THE ORDERS OF THE AUTHORITIES BELOW. CONSIDERING THE SU BMISSIONS OF THE LD. AUTHORISED REPRESENTATIVE AND TAX EFFECT IN THIS APPEAL WHICH IS LESS THAN D20,00,000/-, APPEAL OF THE REVENUE CANNOT SU RVIVE. 5. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DIS MISSED . ORDER PRONOUNCED ON WEDNESDAY, THE 14TH DAY OF NOV EMBER, 2018, AT CHENNAI. SD/- SD/- ( ' # ' $ . %& ) ( DUVVURU RL REDDY ) ( / JUDICIAL MEMBER ( . ) (ABRAHAM P. GEORGE) / ACCOUNTANT MEMBER '# / CHENNAI $% / DATED: 14 TH NOVEMBER, 2018. KV %& '()( / COPY TO: 1 . / APPELLANT 3. *+, / CIT(A) 5. (-. / / DR 2. / RESPONDENT 4. * / CIT 6. .01 / GF