ACIT Corporate Range 1, CHENNAI V. Dharani Sugars and Chemicals Pvt. Ltd., CHENNAI

ITA 1890/CHNY/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1563 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 08-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS PAVUNA SUNDARI
• Assessee Lawyers: N DEVANATHAN
• Keywords: Tax effect

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.1890/CHNY/2018. / ASSESSMENT YEAR : 2013-2014. THE ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE RANGE-1, CHENNAI 600 034. VS. M/S. DHARANI SUGARS & CHEMICALS LTD, NO.57, PGP HOUSE, STERLING ROAD, NUNGAMBAKKAM, CHENNAI 600 034. [PAN AAACD 1281F] ( -. / APPELLANT) ( /0-. /RESPONDENT) / APPELLANT BY : MRS. PAVUNA SUNDARI, JCIT. /RESPONDENT BY : MR. N. DEVANATHAN, ADVOCATE /DATE OF HEARING : 20-11-2018 ! /DATE OF PRONOUNCEMENT : 20-11-2018 1 / O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST A N ORDER DATED 30.03.2018 OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-1, CHENNAI. 2. LD. COUNSEL FOR THE ASSESSEE POINTED OUT THE TAX EF FECT IN THIS CASE WAS LESS THAN A20,00,000/- AND HENCE AN APPEA L WOULD NOT LIE ITA NO.1890 /2018 :- 2 -: 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 THE TAX EFFECT WAS LESS THAN A20,00,000/- AND BY VIRTUE OF PARA 13 OF THE CIRCULAR MENTIONED (SUPRA) PENDING APPEAL S BELOW THE SPECIFIED TAX LIMIT HAD TO BE WITHDRAWN/NOT PRESSE D. 4.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 THE TAX EFFECT IN T HIS APPEAL WHICH IS LESS THAN A20,00,000/-, APPEAL OF THE REVENUE CANN OT SURVIVE. 5. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DIS MISSED . ORDER PRONOUNCED ON TUESDAY, THE 20 TH DAY OF NOVEMBER, 2018, AT CHENNAI. SD/- SD/- ( # $! # % . &' ) ( DUVVURU RL REDDY ) ) / JUDICIAL MEMBER ( . ) (ABRAHAM P. GEORGE) / ACCOUNTANT MEMBER '# / CHENNAI $% / DATED: 20 TH NOVEMBER, 2018. KV %& '()( / COPY TO: 1 . / APPELLANT 3. *+, / CIT(A) 5. (-. / / DR 2. / RESPONDENT 4. * / CIT 6. .01 / GF