DCIT CORPORATE CIRCLE 2, COIMBATORE V. BANNARI AMMAN SPINNING MILLS LTD., COIMBATORE

ITA 1638/CHNY/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4521 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 27-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R ANITHA IRS JCIT
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH : CHENNAI . . . , , [BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ] ./I.T.A. NO.1638/CHNY/2019 ! / ASSESSMENT YEAR : 2011-2012. THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-2, COIMBATORE 641 018. VS. M/S. BANNAI AMMAN SPINNING MILLS LTD, NO.252, METTUPPALAYAM ROAD, COIMBATORE 641 043. [PAN AAACB 8513A] ( / APPELLANT) ( /RESPONDENT) '# $ % / APPELLANT BY : MS. R. ANITHA, IRS, JCIT. &' '# $ % /RESPONDENT BY : MR. SAROJ KUMAR PARIDA, ADV. ( ) $ * /DATE OF HEARING : 26-08-2019 +,! $ * /DATE OF PRONOUNCEMENT : 26-08-2019 / O R D E R PER INTURI RAMA RAO, ACCOUNTANT MEMBER THIS APPEAL IS FILED BY THE REVENUE AGAINST THE OR DER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-1, COIMBATORE (HEREINAFTER AS CIT(A)) DATED 15.03.2019 FOR THE ASSESSMENT YEAR (AY) 2011-2012. ITA NO.1638/CHNY/2019 :- 2 -: 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN THIS CASE IS LESS THAN A.50 LAKHS AND THEREFORE, THE CIRCULAR NO. 17/2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 268A(1) OF THE IT ACT COMES INTO PLAY WHEREIN, THE MONETARY LIMIT FOR FILING THE APPEAL B Y THE REVENUE BEFORE THE ITAT AND VARIOUS HIGH COURTS AS WELL AS APEX CO URT ARE REVISED WITH AN OBJECT OF THE REDUCING THE TAX LITIGATION. VIDE PARA 3 OF THE SAID CIRCULAR (SUPRA) IT IS STATED THAT IN CASES WHERE T HE TAX EFFECT IN THE APPEALS TO BE FILED BEFORE THE APPELLATE TRIBUNAL D OES NOT EXCEED A50 LAKHS APPEALS SHOULD NOT BE FILED. THUS TAKING A NO TE OF CBDT CIRCULAR NO. 17/2019, DATED 08.08.2019 AND CONSIDERING THE F ACT THAT THE TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN RS.50 LAK HS, THE PRESENT APPEAL DESERVES TO BE DISMISSED AS NOT PRESSED / NOT MAINT AINABLE. HOWEVER, WE MAKE IT CLEAR THAT THE ISSUES RAISED IN THE INST ANT APPEAL IS LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF ARISES, IN FUTURE. AT THE SAME TIME, WE ALSO MAKE IT CLEAR TH AT IF THE APPEAL FALL IN ANY OF THE EXCEPTIONS REFERRED TO IN THE ABOVE S AID CBDT CIRCULAR, THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION FO R RECALLING THE ORDER IF SO ADVISED. ACCORDINGLY, IN THE LIGHT OF CBDT C IRCULAR NO.17/2019 DATED 08/08/2019 THE APPEAL STANDS DISMISSED. ITA NO.1638/CHNY/2019 :- 3 -: 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE STA NDS DISMISSED. ORDER PRONOUNCED ON 26TH DAY OF AUGUST, 2019, AT CHENNAI. SD/- SD/- ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( ) (INTURI RAMA RAO) /ACCOUNTANT MEMBER - ) / CHENNAI . / DATED:26TH AUGUST, 2019. KV $ &*01 21!* / COPY TO: 1 . '# / APPELLANT 3. ( 3* () / CIT(A) 5. 16 &*7 / DR 2. &' '# / RESPONDENT 4. ( 3* / CIT 6. 8 9) / GF