DCIT Corporate Circle 1(2), CHENNAI V. Bumi Geo Engineering Pvt. Ltd., CHENNAI

ITA 1641/CHNY/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 8432 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 7 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 14-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: J PAVITHRAN KUMAR
• Keywords: Tax effect
• Section: 13

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , C BENCH, CHENNAI . . . , , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ./ I.T.A.NOS.1641 & 1642/CHNY/2018 ( [ [ / ASSESSMENT YEARS: 2011-12 & 2012-13) THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1 (2), CHENNAI 34. VS M/S. BUMI GEO ENGINEERING LTD., NO.15/17, FLAT NO.13A, THIRD FLOOR, JASMINE ENCLAVE, ANNA AVENUE, KASTURIBA NAGAR, ADYAR, CHENNAI 600 020. PAN: AABCB7316E ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI J. PAVITHRAN KUMAR, JCIT / RESPONDENT BY : NONE /DATE OF HEARING : 19.12.2019 /DATE OF PRONOUNCEMENT : 13.01.2020 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THESE APPEALS OF THE REVENUE ARE DIRECTED AGAINST THE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)1, CHENNAI DATED 28.02.2018 AND PERTAINS TO THE ASSESSMENT YEARS 2011-12 & 2012-13. 2 I.T.A. NOS. 1641 & 1642/CHNY/2018 2. ON HEARING THE LD. DEPARTMENTAL REPRESENTATIVE, WE FIND THAT THE TAX EFFECT IN THESE CASES IS LESS THAN ` 50 LAKHS. THE CBDT IN ITS CIRCULAR NO.17/2019 DATED 08.08.2019 INCREASED THE MONETARY LIMIT FOR FILING APPEAL BEFORE THIS TRIBUNAL AND INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE TAX EFFECT IS LESS THAN ` 50 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIRCULAR OF CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN THESE APPEALS. ACCORDINGLY, THESE APPEALS STANDS DISMISSED. 3. IN THE RESULT, THE APPEALS FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 13 TH JANUARY, 2020 AT CHENNAI. SD/- SD/- ( ) (RAMIT KOCHAR) /ACCOUNTANT MEMBER ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER /CHENNAI, /DATED, THE 13 TH JANUARY, 2020. RSR /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. [ /GF