ACIT Central Circle 3(4), CHENNAI V. Sarvana Global Energy, CHENNAI

ITA 1832/CHNY/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2091 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 29-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G N RAGHAVENDRA RAO
• Assessee Lawyers: K MEENAKSHI SUNDARAM

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, B BENCH : CHENNAI . , !' # $! # % . &' , ) + , [BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBE R AND SHRI DUVVURU RL REDDY , JUDICIAL MEMBER ] ./I.T.A. NO.1832/CHNY/2018. / ASSESSMENT YEAR : 2014-2015. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 3(4) CHENNAI 600 034. VS. M/S. SARAVANA GLOBAL ENERGY NO.15, NEW GIRI ROAD, OPP. ACCORD HOTEL, T. NAGAR, CHENNAI 600 017 [PAN AAHCS 3240C] ( -. / APPELLANT) ( /0-. /RESPONDENT) / APPELLANT BY : SHRI. G.N. RAGHAVENDRA RAO, JCIT. /RESPONDENT BY : SHRI. K. MEENAKSHISUNDARAM, ADV. /DATE OF HEARING : 13-11-2018 ! /DATE OF PRONOUNCEMENT : 13-11-2018 1 / O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST AN ORDER DATED 05.03.2018 OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-19, CHENNAI. 2. LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT PENALTY LEVIED IN THIS CASE WAS LESS THAN B20,00,000/- AND HENCE AN APPEAL WOULD NOT ITA NO.1832/2018 :- 2 -: LIE BEFORE THIS TRIBUNAL BY VIRTUE OF CBDT CIRCULAR NO.3/2018, DATED 11.07.2018 3. PER CONTRA, LD. DEPARTMENTAL REPRESENTATIVE FAIRL Y AGREED THAT PENALTY LEVIED WAS LESS THAN B20,00,000/- AN D BY VIRTUE OF PARA 13 OF THE CIRCULAR MENTIONED (SUPRA) PENDING APPEAL S BEFORE THE SPECIFIC TAX LIMIT HAD TO BE WITHDRAWN/NOT PRESSED. 4. WE HAVE CONSIDERED THE RIVAL CONTENTIONS AND PERUSE D THE ORDERS OF THE AUTHORITIES BELOW. CONSIDERING THE SU BMISSIONS OF THE LD. AUTHORISED REPRESENTATIVE AND PENALTY LEVIED IN T HIS APPEAL WHICH IS LESS THAN B20,00,000/-, APPEAL OF THE REVENUE CANN OT SURVIVE. 5. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DIS MISSED . ORDER PRONOUNCED ON TUESDAY, THE 13TH DAY OF NOVEM BER, 2018, AT CHENNAI. SD/- SD/- ( # $! # % . &' ) ( DUVVURU RL REDDY ) ) / JUDICIAL MEMBER ( . ) (ABRAHAM P. GEORGE) / ACCOUNTANT MEMBER '# / CHENNAI $% / DATED: 13 TH NOVEMBER, 2018. KV %& '()( / COPY TO: 1 . / APPELLANT 3. *+, / CIT(A) 5. (-. / / DR 2. / RESPONDENT 4. * / CIT 6. .01 / GF