ACIT (OSD) Corporate Circle 4(2), CHENNAI V. KKA Buildtech Private Limited, CHENNAI

ITA 1158/CHNY/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 1806 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 22-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: CHENNAI . . . , , ! ' BEFORE SHRI N.R.S. GANESAN , JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBE R ./ ITA NO.1158/CHNY/2019 # $# /ASSESSMENT YEAR: 2013-14 THE ASST. COMMISSIONER OF INCOME TAX (OSD), CORPORATE CIRCLE-4(2), CHENNAI. VS. M/S. KKA BUILDTECH PVT. LTD., NO.A-7 & 8, THIRU VI KA INDUSTRIAL ESTATE, GUINDY, CHENNAI 600 032. [PAN : AADCK 1427F] ( %& /APPELLANT) ( '(%& /RESPONDENT) %& ) * / APPELLANT BY : SHRI AR V.SREENIVASAN, JCIT '(%& ) * /RESPONDENT BY : NONE + ) ,! /DATE OF HEARING : 20.11.2019 -.$ ) , ! / DATE OF PRONOUNCEMENT : 20.11.2019 / O R D E R PER SHRI S. JAYARAMAN, ACCOUNTANT MEMBER : THE REVENUE FILED THIS APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-8, CHENNAI IN ITA NO.190 & 366/16-17 DATED 31.01.2017 FOR THE ASSESSMENT YEAR (AY) 2013-14. 2. AT THE TIME OF HEARING, THE LD. DR SUBMITTED THAT THE TAX EFFECT IS BELOW RS.50 LAKHS AND HENCE THE REVENUES APPEAL WOULD BE COVERED BY THE ITA NO.1158/CHNY/2019 :- 2 -: CBDT CIRCULAR NO.17/2019 DATED 08.08.2019, FIXING T HE MONETARY LIMIT OF RS.50 LAKHS. THE LD. DR ON VERIFICATION ADMITTED T HAT THE TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.50 LAKHS. 3. NONE APPEARED ON BEHALF OF THE ASSESSEE AT THE TIME OF HEARING. ON HEARING THE LD. DR, WE FIND THAT THE TAX EFFECT IN THIS CASE IS LESS THAN RS. 50 LAKHS. THE CBDT IN ITS CIRCULAR NO. 17/2019 DATED 0 8.08.2019 INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE TAX EFFECT IS LESS THAN RS. 50 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIRCULAR OF CBDT IS BINDING ON THE OFFICE RS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN TH IS APPEAL. ACCORDINGLY, THE APPEAL STANDS DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DIS MISSED. ORDER PRONOUNCED ON 20 TH DAY OF NOVEMBER, 2019 IN CHENNAI. SD/- SD/- ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( . ) (S. JAYARAMAN) /ACCOUNTANT MEMBER /CHENNAI, 3 /DATED: 20 TH NOVEMBER, 2019 . EDN, SR. P.S ) ',45 65$, /COPY TO: 1. %& /APPELLANT 2. '(%& /RESPONDENT 3. + 7, ( )/CIT(A) 4. + 7, /CIT 5. 58 ', /DR 6. 9# : /GF