ACIT Central Circle 2, Trichy V. V.T.Kumaravel, Karur

ITA 1959/CHNY/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 0328 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 11-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR M SRINIVASA RAO
• Assessee Lawyers: N QUADIR HOSEYN
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, CHENNAI . . . , ! ' # , % #& BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ./ ITA NOS.1959 & 1960/CHNY/2017 ) *) / ASSESSMENT YEARS : 2010-11 & 2011-12 THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2, NO.44, WILLIAMS ROAD, CANTONMENT, TRICHY 620 001. V. SHRI V.T. KUMARAVEL, NO.58, VTP ILLAM, NARASIMMAPURAM MIDDLE STREET, KARUR - 639 001. PAN : AANPK 9484 F (,-/ APPELLANT) (./,-/ RESPONDENT) ,- 0 1 / APPELLANT BY : DR. M. SRINIVASA RAO, CIT ./,- 0 1 / RESPONDENT BY : SHRI N. QUADIR HOSEYN, ADVOCA TE 2 0 3% / DATE OF HEARING : 26.08.2019 45* 0 3% / DATE OF PRONOUNCEMENT : 03.09.2019 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : BOTH THE APPEALS OF THE REVENUE ARE DIRECTED AGAI NST THE RESPECTIVE ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS) -19, CHENNAI, DATED 15.05.2017 AND PERTAIN TO ASSESSMENT YEARS 2010-11 AND 2011-12. 2. ON HEARING THE LD. DEPARTMENTAL REPRESENTATIVE, WE FIND THAT THE TAX EFFECT IN THESE CASES IS LESS THAN ` 50 LAKHS. THE CBDT IN ITS CIRCULAR 2 I.T.A. NOS.1959 & 1960/CHNY/17 NO.17/2019 DATED 08.08.2019 INCREASED THE MONETARY LIMIT FOR FILING APPEAL BEFORE THIS TRIBUNAL AND INSTRUCTED ITS OFFI CERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE TAX EFFEC T IS LESS THAN ` 50 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIRCULAR OF CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN THESE APPEALS. A CCORDINGLY, THESE APPEALS STAND DISMISSED. 3. IN THE RESULT, BOTH THE APPEALS FILED BY THE REV ENUE STAND DISMISSED. ORDER PRONOUNCED IN THE COURT ON 3 RD SEPTEMBER, 2019 AT CHENNAI. SD/- SD/- ( ! ' # ) ( . . . ) (INTURI RAMA RAO) (N.R.S. GANESAN) % / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 7 /DATED, THE 3 RD SEPTEMBER, 2019. KRI. 0 .389 :9*3 /COPY TO: ,- /APPELLANT / ./,- /RESPONDENT / 2 ;3 () /CIT(A)-19, CHENNAI-34 / PRINCIPAL CIT, CENTRAL-2, CHENNAI / 9< .3 /DR / ) = /GF.