ACIT, CIRLCE-1, NAMAKKAL V. M/S. APC DRILLING & CONSTRUCTION CO., NAMAKKAL

ITA 122/CHNY/2020

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 1673 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-05-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 20-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A SUNDARARAJAN
• Assessee Lawyers: H YASHWANTH KUMAR
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME-TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . , , BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER & SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ I.T.A. NO.122/CHNY/2020 /ASSESSMENT YEAR: 2012-13 & C.O. NO.15/CHNY/2020[IN I.T.A. NO.122/CHNY/2020] THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), NAMAKKAL. VS. M/S. APC DRILLING & CONSTRUCTION CO., NO. 263, MULLAI NAGAR, A.S. PETTAI, NAMAKKAL 637 001. [PAN: AAIFA5673M] ( /APPELLANT ) ( RESPONDENT/CROSS OBJECTOR ) / APPELLANT BY : SHRI A. SUNDARARAJAN, ADDL. CIT / RESPONDENT BY : SHRI H. YASHWANTH KUMAR, C.A. / DATE OF HEARING : 17.03.2020 /DATE OF PRONOUNCEMENT : 06.05.2020 / O R D E R PER DUVVURUL RL REDDY, JUDICIAL MEMBER : THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS), SALEM DATED 30.09.2019 RELEVANT TO THE ASSESSMENT YEAR 2012-13. 2. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT 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 I.T.A. NO.122/CHNY/20 & CO 15/CHNY/20 2 08.08.2019. THE LD. DR FAIRLY CONCEDED THE SUBMISSIONS MADE BY THE LD. 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 THIS APPEAL AND THE APPEAL FILED BY THE REVENUE IS LIABLE TO BE DISMISSED. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 3. SINCE WE HAVE DISMISSED THE APPEAL FILED BY THE REVENUE ON LOW TAX EFFECT, THE CROSS OBJECTION FILED BY THE ASSESSEE BECAME INFRUCTUOUS AND ACCORDINGLY DISMISSED. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE AND THE CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED ON THE 6 TH MAY, 2020 AT CHENNAI. SD/- SD/- (S. JAYARAMAN) ACCOUNTANT MEMBER (DUVVURU RL REDDY) JUDICIAL MEMBER CHENNAI, DATED, THE 06.05.2020 VM/- /COPY TO: 1. / APPELLANT, 2. / RESPONDENT, 3. ( ) /CIT(A), 4. /CIT, 5. /DR & 6. /GF.