DCIT, CHENNAI V. Doshi Housing Limited, CHENNAI

ITA 1756/CHNY/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 8612 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-09-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 10-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTH
• Assessee Lawyers: G BASKAR
• Keywords: Tax effect
• Section: 14A

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI . . . , . !' ,$ % BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ ITA NO. 1756/MDS/2016 ' (' / ASSESSMENT YEAR : 2009-10 THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE -1 (1), CHENNAI 600 034. V. M/S.DOSHI HOUSING LIMITED, 3H, 560, CENTURY PLAZA, ANNA SALAI, TEYNAMPET, CHENNAI 600 018. PAN : AAACD1187G (*+/ APPELLANT) (,-*+/ RESPONDENT) *+ . / / APPELLANT BY : SHRI A.V.SREEKANTH, JCIT ,-*+./ / RESPONDENT BY : SHRI G.BASKAR, ADVOCATE 0 .1$ / DATE OF HEARING : 01.09.2016 2!( .1$ / DATE OF PRONOUNCEMENT : 01.09.2016 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST TH E ORDER OF THE CIT(A) - 1, CHENNAI DATED 01.03.2016 AND PERTAINS TO ASSESSM ENT YEAR 2009-10. 2. SHRI A.V.SREEKANTH, THE LEARNED DEPARTMENT REPRE SENTATIVE SUBMITTED THAT THE ONLY ISSUE ARISES FOR CONSIDERATION IS DIS ALLOWANCE MADE BY THE 2 I.T.A. NO.1756/MDS/2016 ASSESSING OFFICER UNDER SECTION 14A OF THE ACT. THE LEARNED REPRESENTATIVE FURTHER SUBMITTED THAT THE TAX EFFECT INVOLVED IN T HIS CASE IS LESS THAN RS.10,00,000/-. 3. WE HEARD SHRI G.BASKAR, THE LEARNED COUNSEL FOR THE ASSESSEE ALSO. IT IS NOT IN DISPUTE THAT THE TAX EFFECT INVOLVED IN T HIS APPEAL IS LESS THAN RS.10,00,000/-. THEREFORE, THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT IN VIEW OF THE CIRCULAR OF THE CBDT INSTRUCTING ITS OFFICER S NOT TO FILE AN APPEAL BEFORE THIS TRIBUNAL WHEREVER, THE TAX EFFECT IS LESS THAN RS.10,00,000/-, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE BEFORE THI S TRIBUNAL. 4. IN VIEW OF THE ABOVE, THE APPEAL OF REVENUE STAN DS DISMISSED. ORDER PRONOUNCED ON 01 ST SEPTEMBER, 2016 AT CHENNAI. SD/- SD/- (. !' ) ( . . . ) (A. MOHAN ALANKAMONY) (N.R.S. GANESAN ) $ / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 4 /DATED, THE 01 ST SEPTEMBER, 2016. SP. . ,156 76(1 /COPY TO: 1. *+ /APPELLANT 2. ,-*+ /RESPONDENT 3. 0 81 () /CIT(A) 4. 0 81 /CIT, 5. 69 ,1 /DR 6. :' ; /GF.