ITO Non Corporate Ward 13(2), CHENNAI V. Citadel Fine Pharmaceuticals, CHENNAI

ITA 1317/CHNY/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 7907 (ITAT-CHENNAI)
• Duration Of Justice: 11 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 19-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R CLEMENT RAMESH KUMAR
• Assessee Lawyers: G SEETHARAMAN
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI . . . , ! ' , $ '% BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ./ ITA NO.1317/CHNY/2018 & C.O. NO.23/CHNY/2019 (IN I.T.A. NO.1317/CHNY/2018) ( )( / ASSESSMENT YEAR : 2007-08 THE INCOME TAX OFFICER, NON CORPORATE WARD 13(2), CHENNAI. V. M/S CITADEL FINE PHARMACEUTICALS, 43, MAIN ROAD, VELACHERY, CHENNAI - 600 042. PAN : AAAFC 0517 E (+,/ APPELLANT) (-.+,/ RESPONDENT) +, / 0 / APPELLANT BY : SHRI R. CLEMENT RAMESH KUMAR, ADDL.CIT -.+, / 0 / RESPONDENT BY : SHRI G. SEETHARAMAN, CA 1 / 2$ / DATE OF HEARING : 15.04.2019 34) / 2$ / DATE OF PRONOUNCEMENT : 15.04.2019 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) -14, CHENN AI, DATED 29.12.2017 AND PERTAINS TO ASSESSMENT YEAR 2007-08. THE 2 I.T.A. NO.1317/CHNY/18 ASSESSEE HAS ALSO FILED A CROSS-OBJECTION AGAINST T HE SAME ORDER OF THE CIT(APPEALS). THEREFORE, WE HEARD BOTH THE APP EAL AND THE CROSS-OBJECTION TOGETHER AND DISPOSING THE SAME BY THIS COMMON ORDER. 2. ON HEARING THE LD. DEPARTMENTAL REPRESENTATIVE, WE FIND THAT THE TAX EFFECT IN THIS CASE IS LESS THAN `2 0 LAKHS. THE CBDT IN ITS CIRCULAR NO.3/2018 DATED 11.07.2018 INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WH ERE THE TAX EFFECT IS LESS THAN `2 0 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIRCULAR OF CBDT IS BINDING ON TH E OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN THIS APPEAL. ACCORDINGLY, THIS APPEAL STANDS DISMISSED. 3. SINCE THE APPEAL IS DISMISSED FOR LESS TAX EFFEC T, THE CROSS- OBJECTION FILED BY THE ASSESSEE BECOMES INFRUCTUOUS . HENCE, THE CROSS-OBJECTION ALSO STANDS DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE AS WELL AS THE CROSS- OBJECTION OF THE ASSESSEE STAND DISMISSED. 3 I.T.A. NO.1317/CHNY/18 ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH APRIL, 2019 AT CHENNAI. SD/- SD/- ( ! ' ) ( . . . ) (INTURI RAMA RAO) (N.R.S. GANESAN) $ / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 6 /DATED, THE 15 TH APRIL, 2019. KRI. / -278 98)2 /COPY TO: 1. +, /APPELLANT 2. -.+, /RESPONDENT 3. 1 :2 () /CIT(A)-14, CHENNAI-34 4. PRINCIPAL CIT-10, CHENNAI 5. 8; -2 /DR 6. <( = /GF.