ITO, Madurai V. M/s. T.V.Pandurengan (Firm), Madurai

ITA 112/CHNY/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 4959 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-06-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 08-06-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 01-02-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIRUDH RAI
• Assessee Lawyers: T VASUDEVAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BENCH D CHENNAI BEFORE SHRI ABRAHAM P.GEORGE, ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, JUDICIAL MEMBER .. ITA NO.112/MDS./2010 ASSESSMENT YEAR:2005-06 THE INCOME TAX OFFICER, WARD II(4), MADURAI. 625 002. VS. M/S.T.V.PANDURENGAN, TEPPAKULAM, MADURAI. 625 009. PAN AADFT 1700 H (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI T. VASUDEVAN DEPARTMENT BY : SHRI ANIRUDH RAI O R D E R PER ABRAHAM P.GEORGE, ACCOUNTANT MEMBER : THIS APPEAL IS FILED BY THE REVENUE AGAINST AN ORDER DATED 10.11.2009 OF CIT(A)-I, MADURAI FOR THE IMP UGNED ASSESSMENT YEAR. 2. WHEN THE APPEAL CAME UP FOR HEARING, LD. COUNSE L FOR THE ASSESSEE POINTED OUT THAT THE TAX EFFECT INVOLV ED IS LESS THAN RS.3 LAKHS AND HENCE THE APPEAL OF THE REVENUE HAD TO BE DISMISSED. PER CONTRA LD. DEPARTMENTAL REPRESEN TATIVE SUBMITTED THAT THOUGH TAX EFFECT WAS LESS THAN RS.3 LAKHS, AT THE TIME WHEN APPEAL WAS FILED, THE THRESHOLD LIMI T PRESCRIBED PAGE 2 OF 3 ITA.112/MDS/10 BY CBDT WAS ONLY RS.2 LAKHS AND HENCE THE APPEAL OU GHT BE HEARD ON MERITS. 3. WE HAVE HEARD THE RIVAL CONTENTIONS OF COUNSEL. THE TRIBUNAL IS TAKING A CONSISTENT VIEW, THAT TAX EFFE CT, FOR THE PURPOSE OF APPLYING THRESHOLD LIMITS OF FILING FIXED BY CBDT, HAS TO BE CONSIDERED AS RELEVANT TO THE DATE OF HEARING. THIS 4. VIEW IS IN CONSONANCE WITH THE VIEW TAKEN BY THE VARIOUS HIGH COURTS INCLUDING THE HONBLE JURISDICTIONAL HIGH COURT. AS PER CBDT INSTRUCTION NO.3 OF 2011, DATED 09.02.2011, THE THRESHOLD EFFEC T OF TAX EFFECT PRESCRIBED BY CBDT IS RS.3 LAKHS FOR APPEAL FILED BY REVENUE BEFORE THE TRIBUNAL. ADMITTEDLY, IN THIS CASE TAX EFFECT IS LESS THAN RS .3 LAKHS. HENCE, WE DISMISS THE APPEAL FILED BY THE REVENUE. 4. IN RESULT, THE APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON 8 TH JUNE, 2011. SD/- SD/- ( GEORGE MATHAN ) ( ABRAHAM P. GEORGE ) JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI, DATED THE 8 TH JUNE, 2011. K S SUNDARAM COPY TO: ASSESSEE/AO/CIT (A)/CIT/D.R./GUARD FILE PAGE 3 OF 3 ITA.112/MDS/10 DATE INITIALS 1. DRAFT DICTATED ON 08.06. 11 2. DRAFT PLACED BEFORE AUTHORITY 08.06.11 3. DRAFT PLACED BEFORE THE 08.06.11 SECOND MEMBER 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 5. APPROVED DRAFT COMES TO P.S. 6. KEEP FOR PRONOUNCEMENT ON 7. FILE SENT TO THE BENCH CLERK 8. DATE ON WHICH FILE GOES TO THE 9. DATE OF DISPATCH OF ORDER