ACIT, CHENNAI V. Mikimoto Exports (p) Ltd., CHENNAI

ITA 1735/CHNY/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 90316 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 7 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-04-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 13-04-2015
• Assessment Year: 2003-2004
• Appeal Filed On: 10-09-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N MADHAVAN IRS
• Assessee Lawyers: J PRABHAKAR
• Keywords: Tax effect
• Section: 80HHC

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, CHENNAI , ! ' , # $% BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER & SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER ./ I.T.A. NO.1735/MDS/2013 ( / ASSESSMENT YEAR : 2003-2004) THE ASSISTANT COMMISSIONER OF INCOME TAX, COMPANY CIRCLE IV(3), CHENNAI ( &' /APPELLANT) VS M/S. MIKIMOTO EXPORTS (P) LTD, 14, JAGADESSWARAN STREET, T. NAGAR, CHENNAI 600 17. [PAN: AABCM 1212C] ( '(&' /RESPONDENT) / APPELLANT BY : SHRI. N. MADHAVAN, IRS, JCIT. / RESPONDENT BY : SHRI. J. PRABHAKAR, C.A /DATE OF HEARING : 13.04.2015 ! /DATE OF PRONOUNCEMENT : 13.04.2015 ) / O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER THIS APPEAL BY THE REVENUE IS DIRECTE D AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-VI, CHENNA I, DATED 26.04.2013 FOR THE ASSESSMENT YEAR 2003-2004. I.T.A.NO.1735/MDS/2013 :- 2 -: 2. THE CRUX OF THE GROUND OF THE REVENUE IS THAT THE C OMMISSIONER OF INCOME TAX (APPEALS) ERRED IN ALLOWING DEDUCTION @10% U/S. 80HHC BY ACCEPTING THE WORKINGS FURNISHED BY THE AS SESSEE. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MAT ERIAL ON RECORD. AS SEEN FROM THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS), THE TAX EFFECT FROM THIS APPEAL IS D3,65 ,698/- WHICH IS LESS THAN MONETARY LIMITS FIXED BY THE CBDT TO FILE APPE AL BY THE REVENUE AS PER CBDT CIRCULAR NO.5/2014, DATED 10 TH JULY, 2014 WHEREIN THE MONETARY LIMIT FIXED AT D4,00,000/- TO FILE APPEAL BEFORE THE TRIBUNAL. BEING SO, THE REVENUE AUTHORITIES ARE PRECLUDED FRO M FILING OF APPEAL IN THIS CASE. ACCORDINGLY, THIS APPEAL IS DISMISSED A S NON-ADMITTED. 4. IN THE RESULT, THE REVENUES APPEAL NO. ITA 1735/MD S/2013 IS DISMISSED. ORDER PRONOUNCED ON MONDAY, THE 13 TH DAY OF APRIL, 2015, AT CHENNAI. SD/- SD/- ( ! ' ) (CHALLA NAGENDRA PRASAD) # / JUDICIAL MEMBER ( ) (CHANDRA POOJARI) / ACCOUNTANT MEMBER '# /CHENNAI. $% /DATED: 13.04.2015. KV %& '( )( /COPY TO: 1. * APPELLANT 2. / RESPONDENT 3. + ( )/CIT(A) 4. + /CIT 5. (,- . /DR 6. -/ 0 /GF. I.T.A.NO.1735/MDS/2013 :- 3 -: