ACIT Central Circle 3(4), Chennai V. Arvind Srinivasan, CHENNAI

ITA 1766/CHNY/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1956 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 17-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S BHARATH
• Assessee Lawyers: B S PURUSHOTHAM
• Keywords: Reasonable cause; Tax effect; Condonation of delay

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , A B ENCH, CHENNAI . , . , % BEFORE SHRI V.DURGA RAO , JUDICIAL MEMBER AND SHRI G.MANJUNATHA, ACCOUNTANT MEMBER ./ I.T.A.NOS. 1764, 1766 AND 1767/CHNY/2017 ( / ASSESSMENT YEARS: 2007-08, 2006-07 & 2009-10) THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(4), CHENNAI-600 034. VS MR. ARVIND SRINIVASAN 61, OLIVER ROAD, MYLAPORE, CHENNAI-600 004. PAN: ADCPA0371R ( /APPELLANT) /RESPONDENT/ / APPELLANT BY : MR. S.BHARATH, CIT /RESPONDENT BY : MR. B.S.PURUSHOTHAM, CA /DATE OF HEARING : 02.12.2020 /DATE OF PRONOUNCEMENT : 02.12.2020 / O R D E R PER G.MANJUNATHA, AM: THESE THREE APPEALS FILED BY THE REVENUE ARE DIREC TED AGAINST COMMON ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-19, CHENNAI DATED 17.04.2017 AND PERTAIN TO ASSESSMENT YEARS 2007-08, 2006-07 & 2009-10 RESPECTIVELY. 2. AT THE OUTSET, LEARNED DR SUBMITTED THAT THE A PPEALS FILED BY THE REVENUE ARE TIME BARRED BY SIX DAYS FOR WHICH NECESSARY PETITION FOR CONDONATION OF DELAY ALONG WITH AFFI DAVIT EXPLAINING THE REASONS FOR THE DELAY HAS BEEN FILED. THE DR FU RTHER SUBMITTED THAT THE REVENUE COULD NOT FILE APPEALS WITHIN THE TIME ALLOWED UNDER THE ACT DUE TO DELAY IN MOVEMENT OF FILES. T HE DELAY IN FILING 2 ITA NOS. 1764, 1766 & 1767CHNY/2017 APPEALS IS NEITHER INTENTIONAL NOR WILLFUL BUT FO R THE UNAVOIDABLE REASONS, THEREFORE, DELAY MAY BE CONDONED IN THE IN TEREST OF ADVANCEMENT OF SUBSTANTIAL JUSTICE. THE LEARNED AR HAS NO OBJECTION TO CONDONE THE DELAY. HAVING CONSIDERED THE PETITION AND AFFIDAVIT FILED BY THE DEPARTMENT FOR CONDONATION OF DELAY, WE ARE OF THE CONSIDERED VIEW THAT REASONS GIVEN BY THE REVEN UE FOR NOT FILING THE APPEALS WITHIN THE TIME ALLOWED UNDER THE ACT COMES UNDER REASONABLE CAUSE AS PROVIDED UNDER THE ACT F OR CONDONATION OF DELAY AND HENCE, DELAY IN FILING OF APPEAL IS CONDONED AND APPEALS FILED BY THE ASSESSEE ARE ADMITTED FOR ADJ UDICATION. 3. IT IS STATED BEFORE US THAT THE TAX EFFECT IN TH E ABOVE APPEALS IS LESS THAN RS. 50 LAKHS AND THEREFORE, THE CIRCULAR NO. 17 OF 2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DI RECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SECTIO N 268A(1) OF THE INCOME TAX ACT, 1961 COMES INTO PLAY WHEREIN, THE M ONETARY LIMIT FOR FILING THE APPEAL BY THE REVENUE BEFORE THE ITA T AND VARIOUS HIGH COURTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJECT OF THE REDUCING THE TAX LITIGATION. IN THE SAID CIRCULAR, IT IS STATED THAT IN CASES WHERE THE TAX EFFECT IN THE APPEALS TO BE FIL ED BEFORE THE APPELLATE TRIBUNAL DOES NOT EXCEED RS. 50 LAKHS APP EALS SHOULD NOT 3 ITA NOS. 1764, 1766 & 1767CHNY/2017 BE FILED. THUS, TAKING NOTE OF CBDT CIRCULAR NO. 1 7 OF 2019 DATED 08.08.2019 AND CONSIDERING THE FACT THAT THE TAX EF FECT IN THE INSTANT APPEALS IS LESS THAN RS. 50 LAKHS, THE PRESENT APPE ALS DESERVES TO BE DISMISSED AS NOT PRESSED / NOT MAINTAINABLE. HOW EVER, WE MAKE IT CLEAR THAT THE ISSUES RAISED IN THE INSTANT APPE ALS IS LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF ARISES, IN FUTURE. AT THE SAME TIME, WE ALSO MAKE IT CLEAR THAT IF THE APPEAL S FALL IN ANY OF THE EXCEPTIONS REFERRED TO IN THE ABOVE SAID CBDT CIRCU LAR, THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR RE CALLING THE ORDER IF SO ADVISED. ACCORDINGLY, IN THE LIGHT OF CBDT CIRC ULAR NO. 17 OF 2019 DATED 08.08.2019, ALL THE THREE APPEALS STAND DIS MISSED. 4. IN THE RESULT, THE APPEALS FILED BY THE REVENU E FOR THE RELEVANT ASSESSMENT YEARS ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND DECEMBER, 2020 SD/- SD/- ( . ) ( . ) (V.DURGA RAO) ( G.MANJUNATHA ) ' $ / JUDICIAL MEMBER $ / ACCOUNTANT MEMBER ' /CHENNAI, ' /DATED 2 ND DECEMBER, 2020 DS )* +* /COPY TO: 1. APPELLANT 2. RESPONDENT 3. , () /CIT(A) 4. , /CIT 5. * 1 /DR 6. /GF .