ITO, NCW - 3 (2), CHENNAI V. M/S. RATNA FOUNDATION, CHENNAI

ITA 182/CHNY/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5806 (ITAT-CHENNAI)
• Duration Of Justice: 8 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 24-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: J PAVITHRAN KUMAR
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B B ENCH, CHENNAI . , . , & BEFORE SHRI V.DURGA RAO , JUDICIAL MEMBER AND SHRI G.MANJUNATHA, ACCOUNTANT MEMBER ./ I.T.A.NOS.182 & 183/CHNY/2020 ( / ASSESSMENT YEARS: 2014-15 & 2015-16) THE INCOME TAX OFFICER, NON-CORPORATE WARD 3(2) (I/C), CHENNAI-600 034. VS M/S. RATNA FOUNDATION, 18, KOTHARI BAGH, MAHATMA GANDHI ROAD, NUNGAMBAKKAM,CHENNAI-34. PAN:AACTR2289Q ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. J.PAVITHRAN KUMAR , JCIT /RESPONDENT BY : MR. SAROJ KUMAR PARIDA, ADVOCATE /DATE OF HEARING : 30.09.2020 /DATE OF PRONOUNCEMENT : 30.09.2020 / O R D E R PER G.MANJUNATHA, ACCOUNTANT MEMBER: THESE TWO APPEALS FILED BY THE REVENUE ARE DIREC TED AGAINST THE COMMON ORDER OF THE COMMISSIONER OF INC OME TAX (APPEALS)-4, CHENNAI DATED 05.11.2019 AND THEY PER TAIN TO THE ASSESSMENT YEARS 2014-15 & 2015-16. 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN TH IS CASE IS LESS THAN RS. 50 LAKHS AND THEREFORE, THE CIRCULAR NO. 17 OF 2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT T AXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SECTION 268A(1) OF THE INCOME TAX ACT, 1961 COMES INTO PLAY WHEREIN, THE MONETARY LIMIT FOR FILING THE APPEAL BY THE REVENUE BEFORE THE ITAT AND VARIO US HIGH COURTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJECT OF THE REDUCING THE 2 ITA NOS.182 & 183/CHNY/2020 TAX LITIGATION. IN THE SAID CIRCULAR, IT IS STATE D THAT IN CASES WHERE THE TAX EFFECT IN THE APPEALS TO BE FILED BEFORE THE AP PELLATE 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 INS TANT 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 APPEAL 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 RE VENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THE OR DER IF SO ADVISED. ACCORDINGLY, IN THE LIGHT OF CBDT CIRCULAR NO. 17 O F 2019 DATED 08.08.2019, BOTH THE APPEALS STAND DISMISSED. 3. IN THE RESULT, THE APPEALS FILED BY THE REVENU E FOR BOTH ASSESSMENT YEARS ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30TH SEPTE MBER, 2020 SD/- SD/- ( . ) ( . ) (V.DURGA RAO) ( G.MANJUNATHA ) $ & / JUDICIAL MEMBER & / ACCOUNTANT MEMBER $ /CHENNAI, ) /DATED 30 TH SEPTEMBER, 2020 DS 3 ITA NOS.182 & 183/CHNY/2020 +, -, /COPY TO: 1. APPELLANT 2. RESPONDENT 3. . () /CIT(A) 4. . /CIT 5. , 2 /DR 6. /GF .