DCIT, CHENNAI V. Y.V.Suryanarayana Sarma, CHENNAI

ITA 1183/CHNY/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 7799 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 9 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-03-2016
• Appeal Filed By: Department
• Bench Allotted: D
• Assessment Year: 2003-2004
• Appeal Filed On: 29-05-2013
• Court: TRIBUNAL
• Department Lawyers: DR B NISCHAL
• Assessee Lawyers: R UMASUDHAN; J SANTHANA GOPALAN
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH : CHENNAI , ! ' # , $ %& ' [ BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD , JUDICIAL MEMBER ] ./ I.T.A.NO.1183/MDS/2013 / ASSESSMENT YEAR : 2003-04 THE DY. COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE II(4) CHENNAI VS. SHRI Y.V.SURYA N ARAYANA SARMA NO.60, RAMESHWARAM ROAD 302, DEVINARAYANA COMPLEX T. NAGAR, CHENNAI - 17 [PAN ANTPS 5386 F ] ( () / APPELLANT) ( #*() /RESPONDENT) / APPELLANT BY : DR. B. NISCHAL, JCIT /RESPONDENT BY : SHRI R.UMASUDHAN, ADVOCATE & SHRI J.SANTHANA GOPALAN, CA / DATE OF HEARING : 23 - 03 - 201 6 / DATE OF PRONOUNCEMENT : 23 - 03 - 2016 + / O R D E R PER CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER THIS APPEAL IS FILED BY THE REVENUE AGAINST THE OR DER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-I, CHENNAI, DA TED 13.2.2013. 2. AT THE TIME OF HEARING, IT IS SUBMITTED BY THE C OUNSEL FOR THE ASSESSEE THAT TAX EFFECT IN THIS APPEAL IS LESS THAN ` 10,00,000/- TO WHICH THE DEPARTMENTAL REPRESENTATIVE ALSO ACCEPTS THAT THE T AX EFFECT IS LESS THAN ` 10,00,000/-. ITA NO. 1183/13 :- 2 -: 3. WE HAVE PERUSED THE RECENT CIRCULAR NO.21/2015 D ATED 10.12.2015 ISSUED BY THE CBDT REVISING THE MONETARY LIMITS FO R FILING OF APPEALS BY THE REVENUE BEFORE THE ITAT, HIGH COURT AND SLP BEFORE SUPREME COURT. IN THE SAID INSTRUCTION, THE MONETARY LIMIT FIXED FOR FIL ING OF APPEAL BEFORE THE TRIBUNAL IS AT ` 10,00,000/-. IN THE CIRCULAR, IT IS ALSO MADE CLE AR IN CLAUSE NO.10 THAT THIS INSTRUCTION WILL APPLY RETROSPECTIV ELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN ITAT AND HIGH COU RT. IT IS ALSO MENTIONED THAT PENDING APPEALS BELOW THE SPECIFIED TAX LIMITS MAY BE WITHDRAWN AS NOT PRESSED. SINCE THE TAX EFFECT IN THE APPEAL OF THE REVENUE IS LESS THAN ` 10,00,000/-, IN VIEW OF THE ABOVE CIRCULAR OF CBDT, THE APPEAL IS DISMISSED. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD MARCH, 2016, AT CHENNAI. SD/- SD/- ( !'# $ % ) (CHANDRA POOJARI) &' / ACCOUNTANT MEMBER # ( !) *+' & ) (CHALLA NAGENDRA PRASAD) + &' / JUDICIAL MEMBER !+ / CHENNAI ,& / DATED: 23 RD MARCH, 2016 RD &-## ./#0/ / COPY TO: # 1 . / APPELLANT 4. # 1 / CIT 2. / RESPONDENT 5. /2*# 3 / DR 3. # 1#(4 / CIT(A) 6. *5#6 / GF