ACIT CORPORATE CIRCLE 2, COIMBATORE V. LATE SHRI. K RAMESH REP. BY L/H SHRI. ADITYA VISHNU, COIMBATORE

ITA 1518/CHNY/2018

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 4192 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 04-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : CHENNAI . , ! '# $ , BEFORE SHRI ABRAHAM P GEORGE, ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, JUDICIAL MEMBER ./ I.T.A.NO.1518/CHNY/2018 / ASSESSMENT YEAR : 2013-14 ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-2, 63-A,RACE COURSE ROAD, COIMBATORE. VS. LATE SHRI K.RAMESH , REP. BY L/H SHRI ADITYA VISHNU , SF NO.549,THADAGAM ROAD, SOMAIYAMPALAYAM,KANUVAII POST, COIMBATORE 641 108. [PAN AAQPR 7855 N ] ( $% / APPELLANT) ( &'$% /RESPONDENT) / APPELLANT BY : MR.SANATH KUMAR RAHA,JCIT,D.R /RESPONDENT BY : NONE ! ' #$% / DATE OF HEARING : 26 - 0 9 - 201 8 &' #$% / DATE OF PRONOUNCEMENT : 03 - 1 0 - 201 8 ( / O R D E R PER GEORGE MATHAN , JUDICIAL MEMBER THIS IS AN APPEAL FILED BY THE REVENUE AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-1, COIMBA TORE IN ITA NO.38/16-17 DATED 01.03.2018 FOR THE ASSESSMEN T YEAR 2013-14. 2. MR.SANATH KUMAR RAHA, REPRESENTED ON BEHALF OF THE REVENUE AND NONE REPRESENTED ON BEHALF OF THE ASSESSEE. ITA NO.1518/CHNY/2018 :- 2 -: 3. WHEN THE APPEAL IS TAKEN UP FOR HEARING, THE RE PRESENTATIVE OF THE REVENUE SUBMITTED THAT THE TAX EFFECT INVOLV ED IN THIS APPEAL IS LESS THAN ` 20 LAKHS. IT WAS A SUBMISSION THAT THE CBDT IN ITS LATEST CIRCULAR NO.3/2018 DATED 11.07.2018 INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE T AX EFFECT IS LESS THAN ` 20 LAKHS. THE LD.A.R IN HIS WRITTEN SUBMISSION DATE D 24.09.2018 REITERATED THE SAME FACT PUT FORTH BY THE LD.D.R BE FORE US. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIR CULAR OF CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMENT. THEREFOR E, THE REVENUE CANNOT PROCEED FURTHER IN THIS APPEAL. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSION OF HEARING ON 03 RD OCTOBER, 2018, AT CHENNAI. SD/ - SD/ - ( () . +,+ ) ( ABRAHAM P GEORGE) ! / ACCOUNTANT MEMBER ( $ ) (GEORGE MATHAN) ) ! / JUDICIAL MEMBER . ' / CHENNAI / / DATED: 03 RD OCTOBER, 2018. K S SUNDARAM 0 #12 3 2# / COPY TO: 1 . / APPELLANT 3. ! 4# () / CIT(A) 5. 267 #8 / DR 2. / RESPONDENT 4. ! 4# / CIT 6. 79 :' / GF