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

ITA 1771/CHNY/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1951 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 4 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 18-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S BHARATH
• Assessee Lawyers: B S PURUSHOTHAM
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: CHENNAI , , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA , ACCOUNTAN T MEMBER I .T.A. NO S . 1771 TO 1773 /CHNY/20 17 ASSESSMENT YEAR S : 20 07 - 08 TO 2009 - 2010) THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 3(4), CHENNAI - 600 034. VS. MRS.CHANDHINI SRINIVASAN 61, OLIVER ROAD, MYLAPORE, CHENNAI - 600 004. PAN: AD IPC 0258M ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. S.BHARATH, CIT /RESPONDENT BY : MR. B.S. PURUSHOTHAM, C . A / DATE OF HEARING : 02.12.2020 / DATE OF PRONOUNCEMENT : 02.12.2020 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER : THESE THREE APPEALS FILED BY THE REVENUE ARE DIRECTED AGAINST COMMON ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 19, CHENNAI DATED 11.04.2017 AND PERTAIN TO ASSESSMENT YEARS 2007 - 08 TO 2009 - 10 RESPECTIVELY. 2. ALL THE APPEALS FILED BY THE REVENUE ARE DELAYED BY FOUR DAYS FOR WHICH, THE REVENUE HAS FILED A PETITION FOR CONDONATION OF DELAY, TO WHICH: THE LEARNED COUNSEL FOR THE ASSESSEE HAS NOT RAISED ANY SERIOUS I . T . A NO S . 177 1 TO 1773/CHNY/2017 OBJECTION. CONSEQUENTLY, SINCE THE REVENUE WAS PREVENTED BY SUFFICIENT CAUSE, THE DELAY OF FOUR DAYS IN FILING OF THE APPEAL STANDS CONDONED AND ALL THE APPEALS ARE ADMITTED FOR ADJUDICATION. 3 . IT IS STATED BEFORE US THAT THE TAX EFFECT IN THE ABOVE APPEALS IS L ESS THAN RS. 50 LAKHS AND THEREFORE, THE CIRCULAR NO. 17 OF 2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SECTION 268A(1) OF THE INCOME TAX ACT, 1961 COMES INTO PLAY WHEREIN, THE MONETARY L IMIT FOR FILING THE APPEAL BY THE REVENUE BEFORE THE ITAT 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 B E FILED BEFORE THE APPELLATE TRIBUNAL DOES NOT EXCEED RS.50 LAKHS APPEALS SHOULD NOT BE FILED. THUS, TAKING NOTE OF CBDT CIRCULAR NO. 17 OF 2019 DATED 08.08.2019 AND CONSIDERING THE FACT THAT THE TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN RS. 50 LAKHS, THE PRESENT APPEALS DESERVES TO BE DISMISSED AS NOT PRESSED / NOT MAINTAINABLE. HOWEVER, WE MAKE IT CLEAR THAT THE ISSUES RAISED IN THE INSTANT APP EAL 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 APPEALS FALL IN ANY OF THE EXCEPTIONS REFERRED TO IN THE ABOVE SAID CBDT CIRCULAR, THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR I . T . A NO S . 177 1 TO 1773/CHNY/2017 RECALLING THE ORDER IF SO ADVISED. ACCORDINGLY, IN THE LIGHT OF CBDT CIRCULAR NO. 17 OF 2019 DATED 08.08.2019, ALL THE THREE APPEALS STAND DISMISSED. 4 . IN THE RESULT, THE APPEALS FILED BY THE REVENUE FOR THE RELEVANT ASSESSMENT YEAR S ARE DISMISSED. ORDER PRONOUNCED ON 2 ND DECEMBER , 2020 IN CHENNAI. SD/ - ( ) ( G. MANJUNATHA ) /ACCOUNTANT MEMBER SD/ - ( ) ( V. DURGA RAO ) /JUDICIAL MEMBER / CHENNAI, / DATED: 2 ND DECEMBER , 2020 IA , SR. P.S /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. () /CIT(A) 4. /CIT 5. /DR 6. /GF