ITO, CHENNAI V. Sham Sunder N.Khemlani, Bangalore

ITA 1170/CHNY/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 6432 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 09-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B SAGADEVAN IRS

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B (SMC) BENCH : CHENNAI . , [BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT M EMBER ] ./I.T.A. NO.1170/MDS/2017 / ASSESSMENT YEAR : 2007-2008. THE INCOME TAX OFFICER, NON CORPORATE WARD 3(3) CHENNAI 600 034. VS. SHRI. SHAM SUNDER N. KHEMLANI, NO.153/48, FLAT NO.404, D BLOCK, RANKA D PARADISE, WHEELER ROAD, FRAZER TOWN, BANGALORE 560 005. [PAN BCYPK 7418K] ( !' / APPELLANT) ( #$!' /RESPONDENT) / APPELLANT BY : SHRI. B. SAGADEVAN, IRS, JCIT. /RESPONDENT BY : NONE. /DATE OF HEARING : 21-08-2017 !' /DATE OF PRONOUNCEMENT : 21-08-2017 % / O R D E R IN THIS APPEAL, REVENUE IS AGGRIEVED THAT THE LD. COMMISSIONER OF INCOME TAX (APPEALS) DELETED A DISA LLOWANCE OF E33,00,000/- MADE BY THE LD. ASSESSING OFFICER U/S. 69B OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). ITA NO. 1170/MDS/2017. :- 2 -: 2. I FIND FROM THE ASSESSMENT ORDER THAT THE GROSS TAX COMES TO E9,69,853/-. THOUGH ALONGWITH THE SURCHARGE / EDUC ATION CESS, THE TOTAL DEMAND EXCEEDS E10,00,000/-, DEFINITION OF T AX GIVEN IN SECTION 2(43) OF THE ACT, DOES NOT GIVE ANY SCOPE FOR INCLU DING SUCH ITEMS IN TAX. SINCE THE TAX IS LESS THAN E10,00,000/-, I AM OF THE OPINION THAT BY VIRTUE OF CBDT CIRCULAR NO.21/2015, DATED 10 TH DECEMBER, 2015, AN APPEAL WILL NOT LIE TO THE TRIBUNAL. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON 21 ST AUGUST, 2017, AT CHENNAI. SD/- ( . ) (ABRAHAM P. GEORGE) / ACCOUNTANT MEMBER #$ / CHENNAI %& / DATED:21ST AUGUST, 2017 KV &' ()*) / COPY TO: 1 . / APPELLANT 3. +,- / CIT(A) 5. )./ 0 / DR 2. / RESPONDENT 4. + / CIT 6. /12 / GF