ACIT, CHENNAI V. MPS Limited, CHENNAI

ITA 1184/CHNY/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2269 (ITAT-CHENNAI)
• Duration Of Justice: 4 year(s) 9 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 05-07-2017
• Assessment Year: 2011-2012
• Appeal Filed On: 29-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G SRINIVASA RAO
• Assessee Lawyers: SP CHIDAMBARAM
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI , , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA , ACCOUNT ANT MEMBER I .T.A. NO. 1184 /CHNY/20 1 6 ASSESSMENT YEAR: 20 11 2012 THE ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 4(1), NUNGAMBAKKAM, CHENNAI 600 034. VS. M/S. MPS LIMITED, RR TOWERS, IV SUPER A, NO.16/17, THIRU VI KA INDUSTRIAL ESTATE GUINDY, CHENNAI 600 032. [PAN: AAACM 2423L] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. G. SRINIVASA RAO, CIT /RESPONDENT BY : MR. S.P. CHIDAMBARAM, ADVOCATE / DATE OF HEARING : 23.02.2021 / DATE OF PRONOUNCEMENT : 23. 02.2021 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER : THIS APPEAL FILED BY THE REVENUE IS AGAINST THE ORDER OF THE DISPUTE RESOLUTION PANEL - 2, BENGALURU IN DRP FILE NO.392/DRP - 2 - BNG/2015 - 16, DATED 22.12.2015 RELEVANT TO THE ASSESSMENT YEAR 2011 - 2012. I . T . A NO . 1184/CHNY/2016 2. THERE IS A DELAY OF FORTY - NINE [49] DAY S IN FILING THE APPEAL. THE REVENUE HAD FILED AN AFFIDAVIT WHEREIN HE HAS MADE A DETAILED SUBMISSION. FROM THE SUBMISSIONS THAT WERE MADE, WE FIND THAT THERE IS SUFFICIENT CAUSE TO C ONDONE THE DELAY. ACCORDINGLY, THE DELAY IS CONDONED. 3 . AS FAR AS THE MERITS OF THE CASE IS CONCERNED, THE TAX EFFECT IN THE APPEAL FILED BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF .50,00,000/ - FIXED BY THE CBDT TO FILE AN APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AS PER THE CBDT CIRCULAR NO. 17/2019, DATED 08.08.2019. THE LEARNED DEPARTMENTAL REPRE SENTATIVE FAIRLY CONCEDED THE SUBMISSIONS MADE BY THE LEARNED COUNSEL FOR THE ASSESSEE. BEING SO, THE REVENUE AUTHORITIES ARE PRECLUDED FROM FILING THE APPEAL BEFORE THE TRIBUNAL, SINCE THE TAX EFFECT IS LESS THAN .50,00,000/ - IN THE APPEAL AND THUS, THE APPEAL FILED BY THE REVENUE IS LIABLE TO BE DISMISSED. THE DEPARTMENT IS AT LIBERTY TO SEEK RECALL OF THE ABOVE ORDER, IF THE TAX EFFECT IS ABOVE THE PRESCRIBED LIMIT AND MOREOVER THE LEARNED DEPARTMENTAL REPRESENTATIVE WAS NOT SURE ABOUT AS TO WHETHER THE ISSUE RAISED IN THE APPEAL OF THE I . T . A NO . 1184/CHNY/2016 REVENUE WAS NOT ARISING OUT OF RAP OBJECTION, AS NO SPECIFIC GROUND WAS RAISED IN THE GROUNDS OF APPEAL. 4 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON 23 RD FEBRUARY, 2021 IN CHE NNAI. SD/ - ( ) ( G. MANJUNATHA ) /ACCOUNTANT MEMBER SD/ - ( ) ( V. DURGA RAO ) /JUDICIAL MEMBER / CHENNAI, / DATED: 23 RD FEBRUARY, 2021 IA , SR. P.S /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. () /CIT(A) 4. /CIT 5. /DR 6. /GF