ACIT, CHENNAI V. Krishnamurthy Mahesh, CHENNAI

ITA 1512/CHNY/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 8242 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 31-12-2015
• Assessment Year: 2010-2011
• Appeal Filed On: 26-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A B KOLI IRS
• Assessee Lawyers: K BALASUBR AMANIAN
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI , . , ! ' BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI G. PAVAN KUMAR, JUDICIAL MEMBER ./ I.T.A.NO. 1512/MDS/2015 & C.O.NO.133/MDS/2015. ! # $# / ASSESSMENT YEAR : 2010-2011 THE ASSISTANT COMMISSIONER OF INCOME TAX, NON CORPORATE CIRCLE 1(1), FORMERLY KNOWN AS BUSINESS CIRCLE-I, CHENNAI VS. SHRI. KRISHNAMURTHY MAHESH, FLAT NO.1, B ASHLAR PLACE, 4 TH MAIN ROAD EXTENSION, KOTTURPURAM, CHENNAI 600 085. [PAN AANPM 9862D ] ( / APPELLANT) ( /RESPONDENT/ CROSS OBJECTOR ) DEPARTMENT BY : SHRI. A.B. KOLI, IRS, JCIT. %&'( ) * /RESPONDENT BY : K. BALASUBRAMANIAN, ADVOCATE ) + / DATE OF HEARING : 31-12-2015 ,-$ ) + / DATE OF PRONOUNCEMENT : 06-01-2016 / O R D E R PER G. PAVAN KUMAR, JUDICIAL MEMBER : THE APPEAL FILED BY THE REVENUE AND CROSS OBJEC TION BY THE ASSESSEE ARE DIRECTED AGAINST ORDER OF COMMIS SIONER OF INCOME- TAX (APPEALS)-2, CHENNAI IN ITA TR. NO.255/13-14/AI (NEW NO.ITA NO.71/CIT(A)-2/2013-14, DATED 27.03.2015 FOR THE AS SESSMENT YEAR 2010-2011 PASSED U/S.143(3) AND 250 OF THE INCOME T AX ACT, 1961. ITA NO.1512/MDS/15 AND C.O.NO.133/MDS/2015 :- 2 -: 2. AT THE TIME OF HEARING, BOTH THE PARTIES FAIRLY CO NCEDED THAT TAX EFFECT IN THIS APPEAL IS <9,86,693/- WHICH IS LESS THAN MONETARY LIMIT OF < 10,00,000/- FIXED BY THE CBDT TO FILE A N APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AS PER THE CBDT CIRCULA R NO.21/2015, DATED 10 TH DECEMBER, 2015. BEING SO, THE REVENUE AUTHORITIES ARE PRECLUDED FROM FILING THE APPEAL BEFORE THE TRIBUNA L, SINCE THE TAX EFFECT IS LESS THAN <10,00,000/- IN THIS APPEAL. ACCORDINGLY, REVENUE APPEAL IS DISMISSED AS UN-ADMITTED. SINCE WE HAVE D ISMISSED THE APPEAL FILED BY THE REVENUE, THE CROSS OBJECTION FI LED BY THE ASSESSEE HAS BECOME INFRUCTUOUS AND ACCORDINGLY DISMISSED. 3. IN THE RESULT, THE APPEAL OF THE REVENUE AND CROSS OBJECTION BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED ON WEDNESDAY, THE 6TH DAY OF JANUARY, 2016, AT CHENNAI. SD/- SD/- ( ) (CHANDRA POOJARI) / ACCOUNTANT MEMBER ( . ) (G. PAVAN KUMAR) /JUDICIAL MEMBER / CHENNAI . / DATED:06.01.2016 KV / ) %!+12 32$+ / COPY TO: 1 . '( / APPELLANT 3. 4+ () / CIT(A) 5. 278 %!+! / DR 2. %&'( / RESPONDENT 4. 4+ / CIT 6. 89# : / GF