ACIT TRUST CENTRAL CIRCLE 2 (4) INVESTIGATION WING, CHENNAI V. DR DHARMAMBAL NAMASIVAYAM, CHENNAI

ITA 1123/CHNY/2018

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 7907 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 02-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: N DEVANATHAN
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B B ENCH, CHENNAI . , ! ' ! # . $% , & ' BEFORE SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI DUVVURU RL REDDY, JUDICIAL MEMBER ./ I.T.A.NO.1120 TO 1123/CHNY/2018 ( / ASSESSMENT YEAR: 2002-03 TO 2004-05 & 2006-07) THE ACIT, CENTRAL CIRCLE 2(4), INVESTIGATION WING. VS DR. DHARMAMBAL NAMASIVAYAM TRUST, 66, CENTRAL STREET, KILPAUK GARDEN, CHENNAI 600 010. PAN: AAATD0425G ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SMT. SUMATHY VENKATRAMAN, CIT / RESPONDENT BY : SHRI N. DEVANATHAN, ADVOCATE /DATE OF HEARING : 19.09.2018 /DATE OF PRONOUNCEMENT : 19.09.2018 / O R D E R PER A. MOHAN ALANKAMONY, AM:- THESE APPEALS BY THE REVENUE ARE DIRECTED AGAINST T HE ORDERS PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX(APPEALS) 18, CHENNAI, ALL DATED 28.12.2017 IN I TA NOS.632/15-16, 633/15-16 FOR THE ASSESSMENT YEARS 2 002-03 & 2003-04 PASSED U/S. 250(6) R.W.S. 143(3) & 147 OF T HE ACT, ITA NO. 631/15-16 FOR THE ASSESSMENT YEAR 2004-05 PASSE D U/S.250(6) R.W.S. 143(3) OF THE ACT & ITA 630/15-16 FOR THE ASSESSMENT YEAR 2006-07 PASSED U/S.250(6) R.W.S. 14 4 OF THE ACT. 2 ITA NO.1120 TO 1123/ CHNY /2018 2. 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 APP EALS OF THE REVENUE MAY BE DISMISSED. THE LD.DR HAS ALSO FILED LETTER NO. DCIT-CC2(4)/ITAT./AAATD0425G/2018-19 DATED 17.09.2 018 STATING THE TAX EFFECT IN THE CASE OF THE ASSESSEE IN ALL THE FOUR APPEALS AS FOLLOWS:- S.NO. ASSESSMENT YEAR TAX EFFECT (IN RS.) 1 2002-03 48,348 2 2003-04 9,17,994 3 2004-05 3,18,590 4 2006-07 2,08,551 3. AFTER HEARING BOTH SIDES WE FIND MERIT IN THE SU BMISSION OF THE LD.AR. AS ADMITTED BY THE LD.DR THE TAX EFFECT IN A LL THE ABOVE APPEALS IS BELOW RS.20 LAKHS. T HE CBDT IN ITS LATEST CIRCULAR NO.3/2018 DATED 11.07.2018 HAD FIXED THE MONETARY T AX EFFECT AS RS.20 LAKHS FOR FILING APPEAL BEFORE THE TRIBUNAL . HENCE DUE TO THE INSTRUCTIONS ISSUED BY THE CBDT VIDE ITS CIRCULAR M ENTIONED HEREIN ABOVE, WE HEREBY HOLD THAT THE APPEALS FILED BY THE REVENUE ARE NOT MAINTAINABLE AND ACCORDINGLY THE APPEALS OF THE REVENUE ARE DISMISSED. 3 ITA NO.1120 TO 1123/ CHNY /2018 4. IN THE RESULT ALL THE APPEALS FILED BY THE REVEN UE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH SEPTEMBER, 2018 AT CHENNAI. SD/- SD/- ( ! ' ! # . $% ) ( . ) ( DUVVURU RL REDDY ) ( A. MOHAN ALANKAMONY ) # $% /JUDICIAL MEMBER $% / ACCOUNTANT MEMBER &# /CHENNAI, '$ /DATED 19 TH SEPTEMBER, 2018 RSR $ )* +* /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. . ( ) /CIT(A) 4. . /CIT 5. */0 1 /DR 6. 02 /GF