DCIT, CHENNAI V. Sundaram Clayton Ltd., CHENNAI

ITA 1298/CHNY/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 8237 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-10-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 26-10-2016
• Assessment Year: 1998-1999
• Appeal Filed On: 11-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTH
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI . . . , .. ' #$, & '( BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER ./ ITA NO.1298/MDS/2016 * +* / ASSESSMENT YEAR : 1998-99 THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 6(2), CHENNAI - 600 034. V. M/S SUNDARAM CLAYTON LTD., JAYALAKSHMI ESTATES, 29 (OLD NO.8), HADDOWS ROAD, CHENNAI - 600 006. PAN : AAACS 4920 J (-./ APPELLANT) (/0-./ RESPONDENT) -. 1 2 / APPELLANT BY : SHRI A.V. SREEKANTH, JCIT /0-. 1 2 / RESPONDENT BY : SH. SAROJ KUMAR PARIDA, ADVOCA TE ' 1 3& / DATE OF HEARING : 26.10.02016 45+ 1 3& / DATE OF PRONOUNCEMENT : 26.10.2016 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST T HE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) 15, CHEN NAI, DATED 10.02.2016 AND PERTAINS TO ASSESSMENT YEAR 1998-99. 2. WHEN THE APPEAL WAS TAKEN UP FOR HEARING, SH. SA ROJ KUMAR PARIDA, THE LD.COUNSEL FOR THE ASSESSEE, SUBMITTED THAT THE TAX 2 I.T.A. NO.1298/MDS/16 EFFECT INVOLVED IN THE SUBJECT MATTER BEFORE THIS T RIBUNAL IS LESS THAN ` 10,00,000/-. THEREFORE, IN VIEW OF THE CIRCULAR IS SUED BY THE CBDT, THE APPEAL IS NOT MAINTAINABLE BEFORE THIS TRIBUNAL . SH. A.V. SREEKANTH, THE LD. DEPARTMENTAL REPRESENTATIVE, ALS O VERY FAIRLY CONCEDED THAT THE TAX EFFECT INVOLVED IS LESS THAN ` 10,00,000/-. THEREFORE, THIS TRIBUNAL IS OF THE CONSIDERED OPINI ON THAT IN VIEW OF THE CIRCULAR OF THE CBDT INSTRUCTING ITS OFFICERS N OT TO FILE AN APPEAL BEFORE THIS TRIBUNAL WHEREVER, THE TAX EFFECT IS LE SS THAN ` 10,00,000/-, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE BEFORE THIS TRIBUNAL. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH OCTOBER, 2016 AT CHENNAI. SD/- SD/- ( . . ' #$ ) ( . . . ) (D.S. SUNDER SINGH) (N.R.S. GANESAN) & / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 7 /DATED, THE 26 TH OCTOBER, 2016. KRI. 1 /3#8 98+3 /COPY TO: 1. -. /APPELLANT 2. /0-. /RESPONDENT 3. ' :3 () /CIT(A)-15, CHENNAI-34 4. ' :3 /CIT-6, CHENNAI-34 5. 8; /3 /DR 6. * < /GF.