ACIT, CHENNAI V. Gemini Industries & Imaging Ltd., CHENNAI

ITA 1580/CHNY/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 8109 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-01-2016
• Appeal Filed By: Department
• Bench Allotted: C
• Next Hearing Date: 28-01-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 08-07-2015
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTH
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : CHENNAI . . . , ! , ' #$ % [ BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ] ./ I.T.A.NO.1580/MDS/2015 / ASSESSMENT YEAR : 2010-11 THE ASSTT. COMMISSIONER OF INCOME-TAX NON-CORPORATE CIRCLE-20 CHENNAI VS. M/S GEMINI INDUSTRIES & IMAGING L TD NO.28, NEW BANGARU COLONY WEST KK NAGAR, CHENNAI-78 [PAN AAACG 7890 H ] ( &' / APPELLANT) ( ()&' /RESPONDENT) / APPELLANT BY : SHRI A.V SREEKANTH, JCIT /RESPONDENT BY : NONE / DATE OF HEARING : 28 - 01 - 201 6 / DATE OF PRONOUNCEMENT : 28 - 01 - 2016 / O R D E R PER N.R.S.GANESAN, JUDICIAL MEMBER THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-14, CHENN AI, DATED 31.3.2015 AND PERTAINS TO ASSESSMENT YEAR 2010-11. 2. NOTICE OF HEARING WAS SERVED ON THE ASSESSEE THRO UGH THE DEPARTMENT. INSPITE OF RECEIPT OF NOTICE, NONE ATT ENDED ON BEHALF OF ITA NO. 1580/15 :- 2 -: THE ASSESSEE. THEREFORE, WE HEARD THE LD. DEPARTMEN TAL REPRESENTATIVE AND PROCEEDED TO DISPOSE OF THE APPE AL. 3. ON HEARING THE LD. DR, WE FIND THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN ` 10 LAKHS. THE CBDT IN CIRCULAR NO.21/2015 DATED 10.12.2015 INCREASED THE MONETARY LIMIT FOR F ILING APPEAL BEFORE THIS TRIBUNAL FROM ` 4 LAKHS TO ` 10 LAKHS. THE CBDT FURTHER CLARIFIED THAT THE INSTRUCTION DATED 10.12.2015 WILL APPLY RE TROSPECTIVELY TO ALL THE PENDING APPEALS BEFORE THIS TRIBUNAL. THE CBDT HAS ALSO INSTRUCTED ITS OFFICERS TO WITHDRAW THE APPEALS PEN DING BEFORE THIS TRIBUNAL. IN VIEW OF THE ABOVE, THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THE CIRCULAR ISSUED BY THE CBDT ON 10. 12.2015 IS BINDING ON THE DEPARTMENT. THEREFORE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. ACCORDINGLY, THE APPEAL OF THE REVEN UE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ON 28 TH JANUARY, 2016, AT CHENNAI. SD/- SD/- ( ! ) (CHANDRA POOJARI) ' / ACCOUNTANT MEMBER ( . . . ! ) (N.R.S. GANESAN) / JUDICIAL MEMBER '# / CHENNAI $% / DATED: 28 TH JANUARY, 2016 RD %&'' ()'*) / COPY TO: ' 1 . / APPELLANT 3. ' +',! / CIT(A) 5. )-.' / / DR 2. / RESPONDENT 4. ' + / CIT 6. .0'1 / GF