ACIT CIRCLE 3(1), TRICHY V. N.S.K.BUILDERS, TRICHY

ITA 1415/CHNY/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2019 (ITAT-CHENNAI)
• Duration Of Justice: 10 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-03-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 07-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A SUNDARARAJAN
• 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.1415/CHNY/2019 / ASSESSMENT YEAR :2008-09 THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 3(1), RANGE 3, NO. 44, WILLIAMS ROAD, CANTONMENT, TRICHY 620 001. VS. M/S. N.S.K. BUILDERS, NO. 73/12A, ANNAMALAI NAGAR, TRICHY 620 018. [PAN:AADFN6812G] ( /APPELLANT ) ( / RESPONDENT ) / APPELLANT BY : SHRI A. SUNDARARAJAN, ADDL. CIT / RESPONDENT BY : NONE / DATE OF HEARING : 03.03.2020 /DATE OF PRONOUNCEMENT : 09.03.2020 / O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) 1, TRICHY DATED 25.02.2019 RELEVANT TO THE ASSESSMENT YEAR 2008-09. 2. DESPITE SERVICE OF NOTICE [RPAD ON RECORD], NONE APPEARED ON BEHALF OF THE ASSESSEE. HENCE, WE PROCEED TO DECIDE THE ISSUE ON MERITS AFTER HEARING THE LD. DR. THE LD. DR HAS FAIRLY CONCEDED THAT THE TAX EFFECT IN THIS APPEAL FILED BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF .50,00,000/- I.T.A. NO.1415/CHNY/19 2 FIXED BY THE CBDT TO FILE AN APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AS PER THE CBDT CIRCULAR NO. 17/2019, DATED 08.08.2019. 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. THUS, THE APPEAL FILED BY THE REVENUE IS LIABLE TO BE DISMISSED AS NOT MAINTAINABLE AND ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON THE 9 TH MARCH, 2020 AT CHENNAI. SD/- SD/- (S. JAYARAMAN) ACCOUNTANT MEMBER (DUVVURU RL REDDY) JUDICIAL MEMBER CHENNAI, DATED, THE 09.03.2020 VM/- /COPY TO: 1. / APPELLANT, 2. / RESPONDENT, 3. ( ) /CIT(A), 4. /CIT, 5. /DR & 6. /GF.