ITO, CHENNAI V. Jai Bhagwan Garg & Sons (HUF), CHENNAI

ITA 1950/CHNY/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 8119 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 6 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 08-02-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 14-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A B KOLI
• Assessee Lawyers: G ALEXANDER
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . . . , . !'# ! , % !& BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ ITA NOS.1950 & 1951/MDS/2014 ( )( / ASSESSMENT YEAR : 2008-09 THE INCOME TAX OFFICER, BUSINESS WARD VI(3), CHENNAI - 600 034. V. M/S JAI BHAGWAN GARG & SONS (HUF), NO.2, VAIDYANATHAN STREET, OPP. BOC GAS COMPANY, TONDIARPET, CHENNAI - 600 081. PAN : AADHJ 4513 Q (+,/ APPELLANT) (-.+,/ RESPONDENT) +, / 0 / APPELLANT BY : SH. A.B. KOLI, JCIT -.+, / 0 / RESPONDENT BY : SH. G. ALEXANDER, ADVOCATE 1 / 2% / DATE OF HEARING : 08.02.2016 3') / 2% / DATE OF PRONOUNCEMENT : 08.02.2016 / O R D E R PER BENCH: BOTH THE APPEALS OF THE REVENUE ARE DIRECTED AGA INST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-I I, CHENNAI, DATED 19.02.2014 AND PERTAINS TO ASSESSMENT YEAR 20 08-09. 2. ON HEARING THE LD. DEPARTMENTAL REPRESENTATIVE, WE FIND THAT THE TAX EFFECT IN THIS CASE IS LESS THAN ` 10 LAKHS. THE CBDT IN 2 I.T.A. NOS.1950 & 1951/MDS/14 ITS CIRCULAR NO.21/2015 DATED 10.12.2015 INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WH ERE THE TAX EFFECT IS LESS THAN ` 10 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIRCULAR OF CBDT IS BINDING ON TH E OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN THIS APPEAL. ACCORDINGLY, THESE APPEALS STAND DISMISSED . 3. IN THE RESULT, BOTH THE APPEALS OF THE REVENUE A RE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH FEBRUARY, 2016 AT CHENNAI. SD/- SD/- (. !'# ! ) ( . . . ) (A. MOHAN ALANKAMONY) (N.R.S. GANESAN) % / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 5 /DATED, THE 8 TH FEBRUARY, 2016. KRI. / -267 87)2 /COPY TO: 1. +, /APPELLANT 2. -.+, /RESPONDENT 3. 1 92 () /CIT(A)-II, CHENNAI 4. 1 92 /CIT-VII, CHENNAI 5. 7: -2 /DR 6. ;( < /GF.