ACIT, CHENNAI V. Gem Granites Private Limited, CHENNAI

ITA 1425/CHNY/2016

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 4014 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-11-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 15-11-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 20-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTH IRS
• Assessee Lawyers: P SENTHIL KUMAR
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : CHENNAI . . . , ! . '#'$ , % !& ' [BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER ] ./I.T.A. NO.1425/MDS/.2016 / ASSESSMENT YEAR : 2009-2010 THE ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 2(1) CHENNAI 600 034. VS. M/S. GEM GRANITES PRIVATE LIMITED, NO.76, CATHDRAL ROAD, CHENNAI 600 086. [PAN AAACG 2521M] ( () / APPELLANT) ( *+() /RESPONDENT) / APPELLANT BY : SHRI. A.V. SREEKANTH, IRS, JCIT. /RESPONDENT BY : SHRI. P. SENTHIL KUMAR, ADVOCATE /DATE OF HEARING : 15-11-2016 ! /DATE OF PRONOUNCEMENT : 23-11-2016 / O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST AN ORDER DATED 15.03.2016 OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-6, CHENNAI. 2. LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET POINTED OUT THAT TAX EFFECT IN THIS CASE WAS LESS THAN A10,00,000/- AND BY VIRTUE OF CBDT CIRCULAR NO.21/2015, DATED 10.12.2015, THE APP EAL WILL NOT LIE. ITA NO. 1425/MDS/2016. :- 2 -: 3. THE LD. DEPARTMENTAL REPRESENTATIVE FAIRLY AGREED T HAT DISALLOWANCE DELETED BY THE LD. COMMISSIONER OF INC OME TAX (APPEALS) IN THE APPEAL OF THE ASSESSEE WAS A12,28,135/- AND TAX EFFECT THEREOF WAS LESS THAN THE TAX EFFECT. 4. WE HAVE CONSIDERED THE RIVAL CONTENTIONS AND PERUSE D THE ORDERS OF THE AUTHORITIES BELOW. THE LD. COMMISSION ER OF INCOME TAX (APPEALS) HAS CONFIRMED DISALLOWANCE OF A12,92,385/ - OUT OF TOTAL DISALLOWANCE OF A25,20,520/-. THE AMOUNT OF DISALL OWANCE DELETED CAME TO A12,28,135/-. BY VIRTUE OF CIRCULAR NO.21/2 015, DATED 10.12.2015, THE APPEAL OF THE REVENUE WOULD NOT LIE BEFORE THIS TRIBUNAL SINCE THE TAX EFFECT IS LESS THAN A10,00,0 00/-. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISS ED. ORDER PRONOUNCED ON WEDNESDAY, THE 23 RD DAY OF NOVEMBER, 2016, AT CHENNAI. SD/- SD/- ( . . . ' ) (N.R.S. GANESAN) / JUDICIAL MEMBER ( ! . '#'$ ) (ABRAHAM P. GEORGE) % / ACCOUNTANT MEMBER #$ / CHENNAI %& / DATED:23RD NOVEMBER, 2016 KV &' ()*) / COPY TO: 1. / APPELLANT 3. +,' / CIT(A) 5. )-. / / DR 2. / RESPONDENT 4. + / CIT 6. .01 / GF