DCIT Corporate Circle 6(2), CHENNAI V. Sword Global India Pvt Ltd., CHENNAI

ITA 1198/CHNY/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1027 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 09-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R CLEMENT RAMESH KUMAR
• 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.1198/CHNY/2018. / ASSESSMENT YEAR : 2008-2009. THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 6(2) CHENNAI 600 034. VS. SWORD GLOBAL INDIA PVT. LTD, ARIHANT EPARK, LEVEL 10, OLD NO.53, NEW NO.117/1, LATTICE BRIDGE ROAD, DR. MUTHULAKSHMI SALAI, ADYAR, CHENNAI 600 020. [PAN AABCG 0937C] ( ,- / APPELLANT) ( ./,- /RESPONDENT) / APPELLANT BY : SHRI. R. CLEMENT RAMESH KUMAR, ADDL. CIT. /RESPONDENT BY : SHRI. S.P. CHIDAMBARAM, SHRI. G. RAJESH SINGH, ADVOCATES. /DATE OF HEARING : 11-09-2018 ! /DATE OF PRONOUNCEMENT : 11-09-2018 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)-15, CHENNAI. 2. LD. COUNSEL FOR THE ASSESSEE POINTED OUT THE TAX EF FECT IN THIS CASE WAS LESS THAN C20,00,000/- AND HENCE AN APPEA L WOULD NOT LIE ITA NO.1198/2018 :- 2 -: 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 C20,00,000/- AN D BY VIRTUE OF PARA 13 OF THE CIRCULAR MENTIONED (SUPRA) PENDING APPEAL S BEFORE THE SPECIFIC TAX LIMIT HAD TO BE WITHDRAWN/NOT PRESSED. 4.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 C20,00,000/-, APPEAL OF THE REVENUE CANN OT SURVIVE. 5. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DIS MISSED . ORDER PRONOUNCED ON TUESDAY, THE 11TH DAY OF SEPT EMBER, 2018, AT CHENNAI. SD/- SD/- ( ' # ' $ . %& ) ( DUVVURU RL REDDY ) ( / JUDICIAL MEMBER ( . ) (ABRAHAM P. GEORGE) / ACCOUNTANT MEMBER '# / CHENNAI $% / DATED: 11TH SEPTEMBER, 2018. KV %& '()( / COPY TO: 1 . / APPELLANT 3. *+, / CIT(A) 5. (-. / / DR 2. / RESPONDENT 4. * / CIT 6. .01 / GF