Appeal details
Counselvise Citation
[2019] 115 COUNSELVISE.COM (IT) 9546 (ITAT-CHENNAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
3 month(s) 21 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
18-09-2019
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
D
Assessment Year
2012-2013
Appeal Filed On
27-05-2019
Judgement Text
, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI ... , ' , ' BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ./ ITA NOS.1651 & 1652/CHNY/2019 ( ( /ASSESSMENT YEARS: 2012-13 & 2013-14 THE DEPUTY COMMISSIONER OF INCOME-TAX, CORPORATE CIRCLE 3(1) , NEW BLOCK , ROOM NO. 411, 4 TH FLOOR, 121, MAHATMA GANDHI ROAD NUNGAMBAKKAM, CHENNAI-600034 / V. TAMILNADU SUGAR CORPORATION LIMITED TASCO NO. 690, EVR PERIYAR BUILDING, ANNA SALAI, NANDANAM, CHENNAI-600035 ./ PAN : AAACT1308B REVENUE BY : MS. R. ANITA,JCIT ASSESSEE BY : MS. N.V.LAKSHMI, CA , / DATE OF HEARING : 18.09.2019 , /DATE OF PRONOUNCEMENT : 18.09.2019 I.T.A. NOS.1651 & 1652/CHNY/2019 2 / O R D E R PER RAMIT KOCHAR, ACCOUNTANT MEMBER: THESE TWO APPEALS FILED BY REVENUE ARE DISPOSED OF BECAUSE THE TAX EFFECT IN THESE TWO APPEALS IS LESS THAN RS.50 LACS AS PER CBDT CIRCULAR NO.17/2019 (F.NO. 279/MISC.142/2007-ITJ (PT) ) DATED 08 TH AUGUST, 2019 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVE NUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, AMENDING PARA NO.3 AND 5 OF THE CBDT CIRCULAR NO.3 OF 2018 DATED 11.07. 2018 AND ITS SUBSEQUENT AMENDMENT DATED 20.08.2018. 2. THE LD. DR SUBMITTED THAT TAX EFFECT INVOLVED IN EACH OF THESE TWO APPEALS IS LESS THAN RS.50 LACS AND THESE APPEALS ARE COVERED WITH CBDT CIRCULAR NO.17/2019 DATED 08.0 8.2019 BEING A LOW TAX EFFECT APPEALS FILED BY THE REVENUE . THE LEARNED COUNSEL FOR THE ASSESSEE ALSO SUBMITTED THA T THESE ARE LOW TAX EFFECT APPEALS FILED BY REVENUE WHICH ARE C OVERED BY AFORESAID CBDT CIRCULAR DATED 08.08.2019 3. THE TAX EFFECT IN THESE TWO APPEALS FILED BY REV ENUE IS UNDISPUTEDLY BELOW RS.50 LACS AND THUS KEEPING IN V IEW CBDT CIRCULAR NO.17/2019 (F.NO.279/MISC.142/2007-ITJ (PT )) DATED 08 TH AUGUST, 2019 ISSUED BY CENTRAL BOARD OF DIRECT TAX ES, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNM ENT OF INDIA, AMENDING PARA NO.3 AND 5 OF THE CBDT CIRCULAR NO.3 OF 2018 DATED 1107.2018 AND ITS SUBSEQUENT AMENDMENT D ATED 20.08.2018, WE ARE INCLINED TO DISMISS THESE TWO AP PEAL FILED BY REVENUE DUE TO LOW TAX EFFECT INVOLVED IN THESE APPEAL WHICH IS BELOW RS.50 LACS IN EACH OF THESE TWO APPE ALS. WHILE DISPOSING OF THESE TWO APPEALS FILED BY REVENUE DUE TO LOW TAX I.T.A. NOS.1651 & 1652/CHNY/2019 3 EFFECT VIDE AFORESAID CBDT CIRCULAR NO.17/2019 DATED 08.08.2019, WE CLARIFY THAT WE HAVE NOT COMMENTED O N THE MERITS OF THE ISSUES IN BOTH THESE APPEALS. HOWEV ER, AT THE SAME TIME WE ARE GRANTING LIBERTY TO REVENUE THAT I F AT ANY STAGE REVENUE WANTS TO AGITATE THE MATTER/ISSUE IN THESE TWO APPEALS IN ACCORDANCE WITH THE CLAUSES AS ARE CONTA INED IN THE AFORE-STATED CBDT CIRCULAR NUMBER 17/2019 DATED 08. 08.2018 READ WITH CBDT CIRCULAR NO 3/2018 DATED 11.07.2018 A S MODIFIED ON 20.08.2018, THE REVENUE IS HEREBY GRANT ED LIBERTY TO FILE MISCELLANEOUS APPLICATION PRAYING FOR RECAL L OF THESE ORDER. WE ORDER ACCORDINGLY. 4. IN THE RESULT, THESE TWO APPEALS FILED BY REVENU E ARE DISMISSED OWING TO LOW TAX EFFECT AS INDICATED ABOV E. ORDER PRONOUNCED IN THE OPEN COURT ON 18.09.2019. , . / 18.09.2019 , SD/- SD/- (N.R.S.GANESAN) (RAMIT KOCHAR) JUDICIAL MEMBERS ACCOUNTA NT MEMBER /CHENNAI, / /DATED: 18 TH SEPTEMBER, 2019. TLN , 1'2 32 /COPY TO: 1. 4 /APPELLANT 4. 5 /CIT 2. 164 /RESPONDENT 5. 2 1 /DR 3. 5 () /CIT(A) 6. ( /GF
