DCIT Corporate Circle 2(1), CHENNAI V. Faurecia Emiision Control Technologies Pvt Ltd., CHENNAI

ITA 1139/CHNY/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 2301 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 03-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: GIRISH S SUNDAR
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, C BENCH : CHENNAI . , ! ' # ' $ . %& , ( * + [BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBE R AND SHRI DUVVURU RL REDDY , JUDICIAL MEMBER ] ./I.T.A. NO.1139/CHNY/2018. / ASSESSMENT YEAR : 2010-2011. THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 2(1) CHENNAI-34 VS. M/S. FAURECIA EMISSION CONTROL TECHNOLOGIES PVT. LTD (FORMERLY EMCON TECHNOLOGIES INDIA PVT. LTD)NO.26, 4 TH FLOOR, FAGUN MANSION, C-IN-C ROAD, EGMORE, CHENNAI 600 008. [PAN AAACA 8450F] ( ,- / APPELLANT) ( ./,- /RESPONDENT) / APPELLANT BY : SHRI. CLEMENT RAMESH KUMAR, ADDL. CIT, /RESPONDENT BY : SHRI. GIRISH S SUNDAR, C.A. /DATE OF HEARING : 30-08-2018 ! /DATE OF PRONOUNCEMENT : 03-09-2018 0 / O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST AN ORDER DATED 29.12.2017 OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-03, CHENNAI. ITA NO.1139 /2018 :- 2 -: 2. LD. COUNSEL FOR THE ASSESSEE POINTED OUT THE TAX EF FECT IN THIS CASE WAS LESS THAN ?20,00,000/- AND HENCE AN APPEA L WOULD NOT LIE 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 THE TAX EFFECT WAS LESS THAN ?20,00,000/- AN D BY VIRTUE OF PARA 13 OF THE CIRCULAR MENTIONED (SUPRA) PENDING APPEAL S BEFORE THE SPECIFIC TAX LIMIT HAD TO BE WITHDRAWN/NOT PRESSED. 4.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 THE TAX EFFECT IN T HIS APPEAL WHICH IS LESS THAN ?20,00,000/-, APPEAL OF THE REVENUE CANN OT SURVIVE. 5. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DIS MISSED . ORDER PRONOUNCED ON MONDAY, THE 3RD DAY OF SEPTEMB ER, 2018, AT CHENNAI. SD/- SD/- ( ' # ' $ . %& ) ( DUVVURU RL REDDY ) ( / JUDICIAL MEMBER ( . ) (ABRAHAM P. GEORGE) / ACCOUNTANT MEMBER '# / CHENNAI $% / DATED: 3RD SEPTEMBER, 2018. KV %& '()( / COPY TO: 1 . / APPELLANT 3. *+, / CIT(A) 5. (-. / / DR 2. / RESPONDENT 4. * / CIT 6. .01 / GF ITA NO.1139 /2018 :- 3 -: