ITO (Exemptions) Ward 1, CHENNAI V. Cardiovascular Educational Research Trust, CHENNAI

ITA 1940/CHNY/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9199 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 6 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 14-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A SUNDARARAJAN CIT
• Assessee Lawyers: R M NARAYANAN
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : CHENNAI , , BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ./I.T.A. NOS.1939 & 1940/CHNY/2018 ! ' / ASSESSMENT YEARS : 2011-2012 & 2013-2014. THE INCOME TAX OFFICER, (EXEMPTIONS) WARD-1, CHENNAI VS. M/S. CARDIOVASCULAR EDUCATIONAL RESEARCH TRUST, NO.41, BISHOP GARDEN, R A PURAM, CHENNAI 600 028. [PAN AABTC 2363F] ( / APPELLANT) ( /RESPONDENT) # $ % / APPELLANT BY : SHRI. A. SUNDARARAJAN, ADDL. CIT &' # $ % /RESPONDENT BY : SHRI. R.M.NARAYANAN, C.A. ( ) $ * /DATE OF HEARING : 02.01.2020 +,'! $ * /DATE OF PRONOUNCEMENT : 02.01.2020 / O R D E R PER INTURI RAMA RAO , ACCOUNTANT MEMBER: THESE ARE APPEALS FILED BY THE REVENUE DIRECTED AGAINST ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEAL S)-17, CHENNAI FOR ASSESSMENT YEARS 2011-2012 AND 2013-14. ITA NOS.1939 & 1940/2018 :- 2 -: 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN ALL T HESE CASES ARE LESS THAN RS. 50 LAKHS AND THEREFORE, THE CIRC ULAR NO. 17/2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF D IRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 268A(1) OF THE IT ACT COMES INTO PLAY WHEREIN, THE MONETARY LIMIT FOR FILING TH E APPEAL BY THE REVENUE BEFORE THE ITAT AND VARIOUS HIGH COURTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJECT OF THE REDUCING TH E TAX LITIGATION. VIDE PARA 3 OF THE SAID CIRCULAR (SUPRA) IT IS STATED TH AT 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 A NOTE OF CBDT CIRCULAR NO. 17/2019, DATED 08.08.2019 AND CONSIDERING THE FACT THAT THE TAX EFFECT IN THE INSTANT APPEALS ARE LESS THAN RS. 50 LAKHS, THE PRESENT APPEALS DESERVES TO BE DISMISSED AS NOT PRESSED / NOT MAINTAINABLE. HOWEVER, WE MAKE IT CLEAR THAT TH E ISSUES RAISED IN THE INSTANT APPEALS ARE LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF ARISES, IN FUTURE. AT THE SAME TIM E, WE ALSO MAKE IT CLEAR THAT IF THE APPEALS FALL IN ANY OF THE EXCEPT IONS REFERRED TO IN THE ABOVE SAID CBDT CIRCULAR, THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THE ORDER IF SO ADVISED. ACCORDINGLY, IN THE LIGHT OF CBDT CIRCULAR NO.17/2019 DATED 08/08/2019, THE APPEALS FILED BY THE REVENUE STAND DISMISSED. ITA NOS.1939 & 1940/2018 :- 3 -: 3. IN THE RESULT, THE APPEALS FILED BY THE REVENUE STA ND DISMISSED. ORDER PRONOUNCED ON 2ND DAY OF JANUARY, 2020, AT C HENNAI. SD/- SD/- ( ) (GEORGE MATHAN) /JUDICIAL MEMBER ( ) (INTURI RAMA RAO) /ACCOUNTANT MEMBER -) / CHENNAI . / DATED:2ND JANUARY, 2020. KV /0 $0& *12032'* / COPY TO: 0 1 . # / APPELLANT 3. 0 ( 4*056 / CIT(A) 5. 278 0& * 9 / DR 2. &' # / RESPONDENT 4. 0 ( 4* / CIT 6. 8:0;) / GF