ITO, CHENNAI V. Kalarpana Trust, CHENNAI

ITA 1630/CHNY/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 8217 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-01-2016
• Appeal Filed By: Department
• Bench Allotted: D
• Assessment Year: 2009-2010
• Appeal Filed On: 15-07-2015
• Court: TRIBUNAL
• Department Lawyers: JAYANTHI KRISHNAN
• Assessee Lawyers: SREEVIDYA
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH : CHENNAI . . . , . !' , # $ % [ BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ] ./ I.T.A.NO.1630/MDS/2015 / ASSESSMENT YEAR : 2009-10 THE INCOME TAX OFFICER (EXEMPTIONS) WARD I CHENNAI VS. M/S KALARPANA TRUST NO.15, SRIMAN SRINIVAS ROAD ALWARPET CHENNAI 600 018 [PAN AAATK 8381 N] ( &' / APPELLANT) ( ()&' /RESPONDENT) / APPELLANT BY : MS. JAYANTHI KRISHNAN, CIT /RESPONDENT BY : MS. SREEVIDYA, ADVOCATE / DATE OF HEARING : 20 - 01 - 201 6 ! / DATE OF PRONOUNCEMENT : 20 - 01 - 2016 / O R D E R PER N.R.S.GANESAN, JUDICIAL MEMBER THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-VII, CHENN AI, DATED 9.12.2013 AND PERTAINS TO ASSESSMENT YEAR 2009-10. 2. ON HEARING THE LD. DEPARTMENTAL REPRESENTATIVE, 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 FILING APPEAL BEFORE THIS TRIBUNAL FROM ` 4 LAKHS TO ` 10 LAKHS. THE ITA NO.1630/15 :- 2 -: CBDT FURTHER CLARIFIED THAT THE INSTRUCTION DATED 1 0.12.2015 WILL APPLY RETROSPECTIVELY TO ALL THE PENDING APPEALS BEFORE T HIS TRIBUNAL. THE CBDT HAS ALSO INSTRUCTED ITS OFFICERS TO WITHDRAW T HE APPEALS PENDING 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 APPEA L FILED BY THE REVENUE IS NOT MAINTAINABLE. ACCORDINGLY, THE APPE AL OF THE REVENUE IS DISMISSED. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ON 20 TH JANUARY, 2016, AT CHENNAI. SD/- SD/- ( . !' ) (A. MOHAN ALANKAMONY) # / ACCOUNTANT MEMBER ( . . . ' ) (N.R.S. GANESAN) / JUDICIAL MEMBER #$ / CHENNAI %& / DATED: 20 TH JANUARY, 2016 RD &' ()*) / COPY TO: 1 . / APPELLANT 4. + / CIT 2. / RESPONDENT 5. ),- . / DR 3. +/' / CIT(A) 6. -01 / GF