ITO, CHENNAI V. Sri Annapoorna Re-Rolling Pvt. Ltd., Gummidipoondi

ITA 1224/CHNY/2016

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 8680 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-07-2016
• Appeal Filed By: Department
• Bench Allotted: B
• Next Hearing Date: 18-07-2016
• Assessment Year: 2003-2004
• Appeal Filed On: 05-05-2016
• Court: TRIBUNAL
• Department Lawyers: SUPRIYO PAL
• Assessee Lawyers: G BASKAR
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME - TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . , . , BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER & SHRI DUVVURU RL REDDY , JUDICIAL MEMBER ./ I T.A. NO. 12 24 /MDS/201 6 / ASSESSMENT YEAR :20 0 3 - 0 4 THE INCOME TAX OFFICER , CORPORATE WARD 6(4) , 121, M.G. ROAD, 7 TH FLOOR, CHENNAI 600 034. VS. M/S. SRI ANNAPOORNA RE - ROLLING PVT. LTD., F - 80, SI PCOT INDUS., COMPLEX, GUMMIDIPOONDI 601 201. [PAN:A A F CS 8305J ] ( / APPELLANT ) ( / RESPONDENT ) / APPELLANT BY : SHRI SUPRIYO PAL, J CIT / RESPONDENT BY : SHRI G. BASKAR , ADVOCATE / DATE OF HEARING : 1 8 . 0 7 .201 6 / DATE OF P RONOUNCEMENT : 29 . 0 7 .201 6 / O R D E R PER DUVVURU RL REDDY , JUDICIAL MEMBER : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) 1 5 , CHENNAI DATED 2 1 .0 1 .2016 RELEVANT TO THE ASSESSMENT YEAR 20 0 3 - 0 4 . 2. THE APPEAL OF THE REVENUE IS FOUND TO HAVE BEEN FILED LATE BY 19 DAYS. THE ASSESSING OFFICER HAS FILED A PETITION FOR CONDONATION OF DELAY. BY PLEADING THE REASONS STATE D IN THE PETITION , THE LD. DR HAS REQUESTED FOR CONDONING THE DELAY AND TO ADMIT THE APPEAL FOR HEARING. THE LD. COUNSEL FOR I.T.A. NO . 1 2 2 4 /M/ 16 2 THE ASSESSEE HAS NOT SERIOUSLY OBJECT TO THE SUBMISSIONS OF THE LD. DR. ACCORDINGLY, WE CONDONE THE DELAY OF 19 DAYS IN FILING THE APPEAL AND ADMIT THE APPEAL FOR HEARING. 3 . 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 .10,00,000/ - FIXED BY THE CBDT TO FILE AN APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AS PER THE CBDT CIRCULAR NO. 21/2015, DATED 10.12.2015. 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 TH E TRIBUNAL, SINCE THE TAX EFFECT IS LESS THAN .10,00,000/ - IN THIS APPEAL. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS DISMISSED AS UN - ADMITTED. 4 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON THE 29 TH JU LY , 201 6 AT CHENNAI. SD/ - SD/ - (A. MOHAN ALANKAMONY ) ACCOUNTANT MEMBER ( DUVVURU RL REDDY ) JUDICIAL MEMBER CHENNAI, DATED, THE 29 . 0 7 .201 6 VM/ - / COPY TO: 1. / APPELLANT , 2. / RESPONDENT , 3. ( ) / CIT(A) , 4. / CIT , 5. / DR & 6. / GF.