DCIT, CHENNAI V. Malladi Drugs & Pharmaceuticals Ltd., CHENNAI

ITA 1253/CHNY/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1234 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 8 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 19-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: CBDT TO FILE AN APPEAL BEFORE
• Keywords: Tax effect

Judgement Text

/ DATE OF HEARING : 2 8 - 01 - 2021 / DATE OF PRONOUNCEMENT : 01 - 02 - 2021 / O R D E R PER DUVVURU R.L.REDDY, JUDICIAL MEMBER: THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-8, CHE NNAI, DATED 20.03.2017 RELEVANT TO THE ASSESSMENT YEAR 2009-10. 2. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT IN THE APPEAL FILED B Y THE REVENUE IS LESS THAN THE MONETARY LIMIT OF 50,00,000/- FIXED BY TH E CBDT TO FILE AN APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AS PER TH E CBDT CIRCULAR , , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: CHENNAI . . , . , , BEFORE SHRI DUVVURU R.L. REDDY , JUDICIAL MEMBER AND SHRI G. MANJUNATHA , ACCOUNTANT MEMBER ITA NO. AY APPELLANT RESPONDENT 1253/CHNY/2017 2009-10 THE DY. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-4(1), CHENNAI-600 034. M/S.MALLADI DRUGS & PHARMACEUTICALS LTD., NO.9, G.S.T. ROAD, ST. THOMAS MOUNT, CHENNAI-600 016. (PAN: AAACM 5031 A) DEPARTMENT BY : MR.G. CHANDRABABU, ADDL.CIT ASSESSEE BY : MR.VIKRAM VIJAYARAGHAVAN, ADV. ITA NO.1253/C/17 :: 2 :: NO.17/2019, DATED 08.08.2019. THE LD. DR FAIRLY CON CEDED THE SUBMISSIONS MADE BY THE LD. COUNSEL FOR THE ASSESSE E. BEING SO, THE REVENUE AUTHORITIES ARE PRECLUDED FROM FILING THE A PPEAL 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 DIS MISSED. HOWEVER, THE DEPARTMENT IS AT LIBERTY TO SEEK RECALL OF THE ABOVE ORDER SINCE, THE LD. DR WAS NOT SURE ABOUT AS TO WHETHER THE ISS UE RAISED IN THE APPEAL OF THE REVENUE IS NOT ARISING OUT OF RAP OBJ ECTION AS NO SPECIFIC GROUND WAS RAISED IN THE GROUNDS OF APPEAL. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED ON THE 01 ST DAY OF FEBRUARY, 2021, IN CHENNAI. SD/- SD/- ( . ) ( G. MANJUNATHA ) /ACCOUNTANT MEMBER ( . . ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER /CHENNAI, /DATED: 01 ST FEBRUARY, 2021. TLN /COPY TO: 1. /APPELLANT 4. /CIT 2. /RESPONDENT 5. /DR 3. ( ) /CIT(A) 6. ! /GF