ITO INTERNATIONAL TXTION 1 (2), CHENNAI V. SHRI. MAFAS MOHAMMED, CHENNAI

ITA 1594/CHNY/2018

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 7152 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 9 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-03-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 10-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

आयकर अपीलीय अिधकरण, ‘बी’ Ɋायपीठ, चेɄई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI ŵी वी. दुगाŊ राव, Ɋाियक सद˟ एवं ŵी मनोज कु मार अŤवाल, लेखा सद˟ के समƗ । Before Shri V. Durga Rao, Judicial Member & Shri Manoj Kumar Aggarwal, Accountant Member आयकर अपील सं./I.T.A. Nos.1594 and 2827/Chny/2018 & W.T.A. No. 34/Chny/2018 िनधाŊरण वषŊ/Assessment Year: 2009-10 The Income Tax Officer, International Taxation 1(2), Room No. 413, 4 th Floor, Tower -1, BSNL Building, 16, Greams Road, Chennai – 600 006. Vs. Shri Mafaz Mohammed, 4 th Floor, Celestial Centre, South Usman Road, T. Nagar, Chennai 600 017. [PAN: AFOPM1910N] (अपीलाथŎ /Appellant) (ŮȑथŎ/Respondent) अपीलाथŎ की ओर से / Appellant by : Shri P. Sajit Kumar, JCIT ŮȑथŎ की ओर से/Respondent by : Shri N. Arjunraj, CA for Shri S. Sridhar, Advocate सुनवाई की तारीख/ Date of hearing : 10.03.2022 घोषणा की तारीख /Date of Pronouncement : 10.03.2022 आदेश /O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: Two Income Tax Appeals filed by the Revenue are directed against different orders of the ld. Commissioner of Income Tax (Appeals) 16, Chennai, both dated 16.03.2018 relevant to the assessment year 2009-10. The Revenue also filed Wealth Tax Appeal against the order of the ld. CIT(A) 16, Chennai dated 28.02.2018. 2. When the appeals were taken up for hearing, the ld. Counsel for the assessee has submitted that the tax effect in the income tax appeals as well I.T.A. Nos. 1594 & 2827/Chny/18 & W.T.A. No. 34/Chny/18 2 as wealth tax appeal filed by the Revenue are less than the monetary limit of ₹.50,00,000/- fixed by the CBDT to file an appeal by the Revenue before the Tribunal as per the CBDT Circular No. 17/2019, dated 08.08.2019 and Circular No. 5/2019 dated 05.02.2019 [in respect of wealth tax appeal mutatis mutandis applicable]. The ld. DR fairly conceded the submissions made by the ld. Counsel for the assessee. Being so, the Revenue authorities are precluded from filing the appeal before the Tribunal, since the tax effect is less than ₹.50,00,000/- in all these appeals. Thus, the appeals filed by the Revenue are liable to be dismissed as not maintainable. Accordingly, both the income tax appeals and wealth tax appeal filed by the Revenue are dismissed. However, the Department is at liberty to seek recall of the above order since, the ld. DR was not sure about as to whether the issue raised in the appeal of the Revenue is not arising out of RAP objection as no specific ground was raised in the grounds of appeal. 3. In the result, all the appeals filed by the Revenue are dismissed. Order pronounced on the 10 th March, 2022 at Chennai. Sd/- Sd/- (MANOJ KUMAR AGGARWAL) ACCOUNTANT MEMBER (V. DURGA RAO) JUDICIAL MEMBER Chennai, Dated, the 10.03.2022 Vm/- आदेश कᳱ ᮧितिलिप अᮕेिषत/Copy to: 1. अपीलाथᱮ/Appellant, 2.ᮧ᭜यथᱮ/ Respondent, 3. आयकर आयुᲦ (अपील)/CIT(A), 4. आयकर आयुᲦ/CIT, 5. िवभागीय ᮧितिनिध/DR & 6. गाडᭅ फाईल/GF.