DCIT Corporate Circle 1(1), CHENNAI V. V.Shankar, CHENNAI

ITA 1859/CHNY/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 3927 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 01-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: N ARJUN RAJ C A SHRI S SRIDHAR
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME-TAX APPELLATE TRIBUNAL A BENCH, CHENNAI . , . , BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER & SHRI DUVVURU RL REDDY, JUDICIAL MEMBER ./ I T.A. NO. 1859/CHNY/2018 / ASSESSMENT YEAR :2012-13 THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1(1), CHENNAI 600 034. VS. SHRI V. SHANKAR, 39, 10 TH AVENUE, ASHOK NAGAR, CHENNAI 63. [PAN:AAAPS7632L] ( APPELLANT ) ( RESPONDENT) / APPELLANT BY : SHRI AR.V. SREENIVASAN, JCIT / RESPONDENT BY : SHRI N. ARJUNRAJ, CA FOR SHRI S. SRIDHAR, ADVOCATE / DATE OF HEARING : 24.10.2018 /DATE OF PRONOUNCEMENT : 31.10.2018 / O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) 1, CHENNAI DATED 28.03.2018 RELEVANT TO THE ASSESSMENT YEAR 2012-13. 2. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE SINCE THE TAX EFFECT IS BELOW .20 LAKHS. THE LD. DR ALSO COULD NOT CONTROVERT TO THE FINDING OF THE LD. AR. I.T.A. NO. 1859/CHNY/18 2 3. THE CBDT IN ITS LATEST CIRCULAR NO.3/2018 DATED 11.07.2018 HAD FIXED THE MONETARY TAX EFFECT AS .20 LAKHS FOR FILING APPEAL BEFORE THE TRIBUNAL. FURTHER, IT IS APPARENT FROM THE ORDERS OF THE REVENUE AUTHORITIES THAT IN THE CASE OF THE ASSESSEE, THE TAX EFFECT IS BELOW .20 LAKHS WHICH IS ALSO CONCEDED BY THE LD. DR. HENCE DUE TO THE INSTRUCTIONS ISSUED BY THE CBDT VIDE ITS CIRCULAR MENTIONED HEREIN ABOVE, WE HEREBY HOLD THAT THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND ACCORDINGLY THE APPEAL OF THE REVENUE IS DISMISSED. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON THE 31 ST OCTOBER, 2018 AT CHENNAI. SD/ - SD/ - (ABRAHAM P. GEORGE) ACCOUNTANT MEMBER (DUVVURU RL REDDY) JUDICIAL MEMBER CHENNAI, DATED, THE 31.10.2018 VM/- /COPY TO: 1. / APPELLANT, 2. / RESPONDENT, 3. ( ) /CIT(A), 4. /CIT, 5. /DR & 6. /GF.