ACIT Central Circle 2(2), CHENNAI V. N.Sasikala, CHENNAI

ITA 1475/CHNY/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2679 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 10 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-03-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2001-2002
• Appeal Filed On: 01-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A SUNDARAJAN
• Assessee Lawyers: T VASUDEVAN
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . , # , # ( BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER /. I.T.A. NOS. 1474 & 1475/CHNY/2018 / ASSESSMENT YEARS : 2000-01 & 2001-02 ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI. VS. SMT. N. SASIKALA, NO. 36, POES GARDEN, CHENNAI 600 086. [PAN: AMNPS 6598J] ( / APPELLANT) ( )*, /RESPONDENT ) ASSESSEE BY : SHRI. T. VASUDEVAN, ADVOCATE REVENUE BY : SHRI. A. SUNDARAJAN, ADDL. CIT 4 /DATE OF HEARING : 09.03.2020 4 /DATE OF PRONOUNCEMENT : 10.03.2020 / O R D E R PER BENCH : THE REVENUE FILED THESE APPEALS AGAINST THE ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS)-18, CHENNAI, I N ITA NOS. 111 & 113/07-08 DATED 31.01.2018 FOR ASSESSMENT YEARS 200 0-01 & 2001-02, RESPECTIVELY. :-2-: ITA NO. 405/CHNY/2019 2. AT THE TIME OF HEARING, THE LD. AR SUBMITTED TH AT THE TAX EFFECT IS BELOW RS.50 LAKHS AND HENCE THE REVENUES APPEALS W OULD BE COVERED BY THE CBDT CIRCULAR NO.17/2019 DATED 08.08.2019, FIXI NG THE MONETARY LIMIT OF RS.50 LAKHS. THE LD. DR ON VERIFICATION ADMITTE D THAT THE TAX EFFECT INVOLVED IN EACH OF THE APPEAL IS LESS THAN RS.50 L AKHS. 3. ON HEARING BOTH SIDES, WE FIND THAT THE TAX EFF ECT IN EACH OF THE CASE IS LESS THAN RS. 50 LAKHS. THE CBDT IN ITS CIRCULAR NO. 17/2019 DATED 08.08.2019 INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE TAX EFFECT IS LESS THAN R S. 50 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIR CULAR OF CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE R EVENUE CANNOT PROCEED FURTHER IN THESE APPEALS. ACCORDINGLY, BOTH THE APPEALS STANDS DISMISSED. 4. IN THE RESULT, BOTH THE REVENUE APPEALS AR E DISMISSED. ORDER PRONOUNCED ON TUESDAY, 10 TH MARCH, 2020 AT CHENNAI. SD/ - ( ! # ) ( DUVVURU R.L REDDY ) % & / JUDICIAL MEMBER SD/- ( ) (S. JAYARAMAN) & /ACCOUNTANT MEMBER /CHENNAI, 9 /DATED: 10 TH MARCH, 2020 JPV 4) ;<=< /COPY TO: 1. , / APPELLANT 2. )*, /RESPONDENT 3. ? ) ( /CIT(A) 4. ? /CIT 5. <) /DR 6. B /GF