DCIT CORPORATE CIRCLE 3 (1), CHENNAI V. M/S TRIMEX SANDS PRIVATE LIMITED, CHENNAI

ITA 1683/CHNY/2018

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 7915 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 17-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V NANDA KUMAR
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B BENCH, CHENNAI . , . , BEFORE SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI DUVVURU RL REDDY, JUDICIAL MEMBER ./ I.T.A.NO.1683/CHNY/2018 ( / ASSESSMENT YEAR: 2013-14) THE DCIT, CORPORATE CIRCLE-3(1), CHENNAI - 34. VS M/S. TRIMEX SANDS PRIVATE LIMITED, TRIMEX TOWERS, NO.1, SUBBARAYA AVENUE, C.P. RAMASWAMY ROAD, ALWARPET, CHENNAI 600 018. PAN: AABCE3846Q ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI V. NANDAKUMAR, JCIT / RESPONDENT BY : NONE /DATE OF HEARING : 17.09.2018 /DATE OF PRONOUNCEMENT : 17.09.2018 / O R D E R PER A. MOHAN ALANKAMONY, AM:- THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX(APPEALS)-11, CHENNAI, DATED 28.02.2018 IN ITA NO.67/16-17 FOR THE ASSESSMENT YEAR 2013-14 PASSED U/S. 250(6) R.W.S. 143(3) OF THE ACT. AT THE TIME OF HEARING NONE APPEARED ON BEHALF OF THE ASSESSEE, HOWEVER ON PERUSING THE APPEAL IT WAS OBSERVED THAT THE APPEAL IS NOT MAINTAINABLE SINCE THE TAX EFFECT IS BELOW RS.20 LAKHS. THE LD.DR ALSO COULD NOT CONTROVERT TO THE FINDING OF THE BENCH. 2 ITA NO.1683/CHNY /2018 2. T HE CBDT IN ITS LATEST CIRCULAR NO.3/2018 DATED 11.07.2018 HAD FIXED THE MONETARY TAX EFFECT AS RS.20 LAKHS FOR FILING APPEAL BEFORE THE TRIBUNAL . FURTHER, IT IS APPARENT FROM THE ORDERS OF THE LD.REVENUE AUTHORITIES THAT IN THE CASE OF THE ASSESSEE, TAX EFFECT IS BELOW RS.20 LAKHS WHICH IS ALSO CONCEDED BY THE LD.DR. HENCE DUE TO THE INSTRUCTIONS ISSUED BY THE CBDT VIDE ITS CIRCULAR MENTIONED HEREIN ABOVE, WE HEREBY HOLD THAT THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND ACCORDINGLY THE APPEAL OF THE REVENUE IS DISMISSED. 3. IN THE RESULT THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH SEPTEMBER, 2018 AT CHENNAI. SD/- SD/- ( . ) ( . ) ( DUVVURU RL REDDY ) ( A. MOHAN ALANKAMONY ) /JUDICIAL MEMBER / ACCOUNTANT MEMBER /CHENNAI, /DATED 17 TH SEPTEMBER, 2018 RSR /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. /GF