DCIT CORPORATE CIRCLE 6 (1), CHENNAI V. M/S SHOLINGUR TEXTILES LIMITED, CHENNAI

ITA 1093/CHNY/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1021 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2002-2003
• Appeal Filed On: 02-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S NATARAJA
• Assessee Lawyers: ARJUN RAJ CA SHRI S SRIDHAR
• Keywords: Reasonable cause; Tax effect
• Section: 143(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B B ENCH, CHENNAI . . . , . , ! BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ I.T.A.NOS.1092 TO 1094/CHNY/2018 ( / ASSESSMENT YEARS:2001-02, 2002-03 & 2004-05) THE DCIT, CORPORATE CIRCLE -6(1) I/C, CHENNAI VS M/S. SHOLINGUR TEXTILES LIMITED, 31, CATHEDRAL GARDEN ROAD,M CHENNAI 600 034. PAN:AAACS4910Q ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI S. NATARAJA, JCIT / RESPONDENT BY : SHRI ARJUN RAJ, CA FOR SHRI S. SRIDHAR, ADVOCATE /DATE OF HEARING : 11.09.2018 /DATE OF PRONOUNCEMENT : 11.09.2018 / O R D E R PER BENCH:- THESE APPEALS BY THE REVENUE ARE DIRECTED AGAINST THE ORDERS PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (A PPEALS)-15, CHENNAI, BOTH DATED 30.11.2017 IN ITA NO.6 & 5/2013 -14/CIT(A)-15 FOR THE ASSESSMENT YEARS 2001-02 & 2002-03 PASSED U /S.250(6) R.W.S. 143(3) & 254 OF THE ACT AND ITA NO.9/2013-14 /CIT(A)-15 FOR THE ASSESSMENT YEAR 2004-05 PASSED U/S.250(6) R.W.S. 14 3(3) OF THE ACT. 2. THERE IS A DELAY OF 08 DAYS IN FILING THE APPEAL BY THE REVENUE. THE LD.DCIT HAS FURNISHED AN AFFIDAVIT BEFORE US ST ATING THAT THE DELAY 2 ITA NOS.1092 TO 1094/CHNY/2018 HAD OCCURRED SINCE HIS PREDECESSOR WAS IMMOBILIZED DUE TO ILLNESS AND HE COULD NOT HAND OVER THE FILES ON TIME. IT WA S THEREFORE PLEADED THAT THE SHORT DELAY IN FILING THE APPEAL MAY BE CO NDONED. THE LD.AR STRONGLY OBJECTED TO THE SUBMISSION OF THE LD.DR AN D PLEADED FOR DISMISSING THE APPEAL OF THE REVENUE. AFTER HEARIN G BOTH SIDES WE ARE OF THE CONSIDERED VIEW THE REVENUE HAD A REASONABLE CAUSE FOR THE SHORT DELAY IN FILING THE APPEALS. THEREFORE WE HER EBY CONDONE THE DELAY OF 8 DAYS IN FILING THE APPEALS BY THE REVENU E AND PROCEED TO HEAR THE CASE ON MERITS. 3. AT THE OUTSET, THE LD.AR SUBMITTED BEFORE US THA T THE ABOVE MENTIONED APPEALS ARE NOT MAINTAINABLE DUE TO THE LATEST CIRCULAR NO.3/2018 DATED 11.07.2018 ISSUED BY THE CBDT WITH RESPECT TO MONETARY LIMIT. HENCE, IT WAS PLEADED THAT THE APPE ALS OF THE REVENUE MAY BE DISMISSED. THE LD. DR COULD NOT CONT ROVERT TO 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 APPEALS OF THE ASSESSEE THE TAX EFF ECT IS LESS THAN 3 ITA NOS.1092 TO 1094/CHNY/2018 RS.20 LAKHS WHICH IS AFFIRMED BY THE LD.DR. THEREFO RE, WE HEREBY DISMISS THE APPEALS FILED BY THE REVENUE AS NOT MAI NTAINABLE. 5. IN THE RESULT THE APPEALS FILED BY THE REVENUE A RE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 11 TH SEPTEMBER, 2018 AT CHENNAI. SD/- SD/- ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( . ) (A. MOHAN ALANKAMONY) / ACCOUNTANT MEMBER #$ /CHENNAI, %& /DATED 11 TH SEPTEMBER, 2018 RSR & () *) /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. - ( )/CIT(A) 4. - /CIT 5. )./ 0 /DR 6. /1 /GF