DCIT Corporate Circle 1 , Coimbatore V. Shri Masaniyamman Thunai Spinning Mills Pvt. Limited , Coimbatore

ITA 1656/CHNY/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 5680 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 2 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 30-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K G ARUN RAJ JCITD R
• Assessee Lawyers: S SRIDHAR
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . . . , . , $ BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ ITA NO.1656/CHNY/2017 & & / ASSESSMENT YEAR : 2011-12 THE DEPUTY COMMISSIONER OF INCOME TAX,CORPORATE CIRCLE-1, 63-A RACE COURSE ROAD, COIMBATORE. V. M/S.SHRI MASANIYAMMAN THUNAI SPINNING MILLS PVT LTD , SMT TOWER,MTP ROAD, INDIRA NAGAR, TEACHERS COLONY,KARAMADAI, COIMBATORE 641 104 . PAN : AAJCS 1062 J (*/ APPELLANT) (+,*/ RESPONDENT) * - / APPELLANT BY : SHRI K.G.ARUN RAJ, JCIT,D.R +,* - / RESPONDENT BY : SHRI S.SRIDHAR,ADVOCATE ./ ITA NO.1715/CHNY/2017 & & / ASSESSMENT YEAR : 2014-15 INCOME TAX, OFFICER WARD (1), TUTICORIN 628 001. V. S HRI A.N.BASKARA RAJAN , M/S.SELVA KANNAN STORES, NO.45-A,DAILY MARKET, KOVILPATTI 628 501 . PAN : AAVPB 2946 D (*/ APPELLANT) (+,*/ RESPONDENT) * - / APPELLANT BY : SHRI K.G.ARUN RAJ, JCIT,D.R +,* - / RESPONDENT BY : SHRI S.SRIDHAR,ADVOCATE - / DATE OF HEARING : 27.09.2019 - / DATE OF PRONOUNCEMENT : 27.09.2019 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THESE APPEALS OF THE REVENUE ARE DIRECTED AGAINST THE RESPECTIVE ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS), 2 I.T.A. NO.1656/CHNY/17 I.T.A NO.1715/CHNY/17 CHENNAI. WE HEARD ALL THESE APPEALS OF THE REVENU E TOGETHER AND DISPOSING THE SAME BY THIS COMMON ORDER. 2. ON HEARING THE LD. DEPARTMENTAL REPRESENTATIVE, WE FIND THAT THE TAX EFFECT IN THESE CASES IS LESS THAN RS. 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 I TS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE TAX E FFECT IS LESS THAN RS. 50 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINI ON THAT THIS CIRCULAR OF CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMEN T. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN THESE APPEALS. A CCORDINGLY, THESE APPEALS STAND DISMISSED. 3. IN THE RESULT, ALL THE APPEALS OF THE REVENUE ST AND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH SEPTEMBER, 2019 AT CHENNAI. SD/- SD/- (. ) ( . . . ) (S. JAYARAMAN) (N.R.S. GANESAN) / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 4 /DATED, THE 27 TH SEPTEMBER, 2019. K S SUNDARAM - +56 76 /COPY TO: 1. * /APPELLANT 4. 8 /CIT 2. +,* /RESPONDENT 5. 6 + /DR 3. 8 ( ) /CIT(A) 6. & /GF