ACIT Corporate Circle 4(1), CHENNAI V. LNV Technology Private Ltd., CHENNAI

ITA 1981/CHNY/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 7717 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 3 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2014-2015
• Appeal Filed On: 19-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R ANITA
• Keywords: Tax effect
• Section: 6

Judgement Text

, , IN THE INCOME-TAX APPELLATE TRIBUNAL D BENCH, CHENNAI , . , BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER & SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER SL. NO. ITA NO. AY APPELLANT RESPONDENT 1. 3082/CHNY/18 2005-06 THE D CIT, CENTRAL CIRCLE-2(2), CHENNAI. SMT. N. SASIKALA, CENTRAL JAIL, PARAPPANA AGRAHARA, HOSA ROAD, ELECTRONIC CITY, BENGALURU 560100. [PAN: AMNPS6598J] 2. 1380/CHNY/17 2007-08 THE DCIT, CORPORATE CIRCLE 2(1), CHENNAI. M/S. EMPEE DISTILLERIES LTD., EMPEE TOWER, NO. 59, HARRIS ROAD, PUDUPET, CHENNAI 600 002. [PAN: AAACE1687N] 3. 364/CHNY/18 2008-09 THE DCIT, CORPORATE CIRCLE 4(1), CHENNAI. M/S. LASER SOFT INFOSYSTEMS LTD., 100A, RADHA AVENUE, SRI LAKSHMI NAGAR, VALASARAWAKKAM, CHENNAI-87. [PAN: AAACL5896N] 4. 1185/CHNY/16 2011-12 THE ACIT, CORPORATE CIRCLE 4(1), CHENNAI. M/S. MTL INSTRUMENTS PVT. LTD., NO.3, OLD MAHABALIPURAM ROAD MARG, SHOLINGANALLUR, CHENNAI 600 119. [PAN: AAACM2555R] 5. 1916/CHNY/19 2012-13 THE ITO, NON- CORPORATE WARD 20(2) CHENNAI. SHRI D. BALASUNDARA BABU, PLOT NO. 49, OLD NO. 3, NEW NO. 13A, TEACHERS COLONY, 4 TH STREET, BHAKTAVATCHALAM NAGAR, NANGANALLUR, CHENNAI 600 061. [PAN: AAHPB4581C] 6. 1981/CHNY/18 2014-15 THE ACIT , CORPORATE CIRCLE-4(1), CHENNAI. M/S. LNV TECHNOLOGY PVT. LTD., NO. 18/3, SIGAPI ACHI BUILDING, 5 TH FLOOR, RUKMANI LAKSHMIPATHY SALAI, EGMORE, CHENNAI 600 008. [PAN: AAACL6394H] ITA NOS. 3082/18, 1380/17, 364/18, 1185/16, 1916/19, 1981/18 & 2559/18 2 7. 2559/CHNY/18 2015-16 THE ACIT, NON- CORPORATE CIRCLE-20(1) CHENNAI. M/S. GALAXY COMMUNICATION SERVICE PVT. LTD., NO. 18, 4 TH STREET, KARPAGAM AVENUE, R.A. PURAM, CHENNAI 600 028. [PAN: AABCG1908R] / APPELLANT BY : MS. R. ANITA, JCIT /RESPONDENT BY : SL.NO. AS MENTIONED IN CAUSE TITLE SL.NO. NAME OF COUNSEL 1. SHRI T. VASUDEVAN, ADVOCATE 2, 6 & 7 SHRI S. SRIDHAR, ADVOCATE 3. SHRI S.P. CHIDAMBARAM, ADVOCATE 4. SHRI VISHAL KALRA, ADVOCATE 5. NONE /DATE OF HEARING : 26.09.2019 / DATE OF PRONOUNCEMENT : 14.10.2019 / O R D E R PER BENCH: THESE SEVEN APPEALS FILED BY THE REVENUE RELATING TO DIFFERENT ASSESSEES ARE DIRECTED AGAINST VARIOUS ORDERS OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) RELEVANT TO THE ASSESSMENT YEARS AS STATED ABOVE. 2. THE APPEALS IN ITA NO.1380/CHNY/2017 FILED BY THE REVENUE IS DELAYED BY 04 DAYS, FOR WHICH, THE REVENUE HAS FILED AFFIDAVIT FOR CONDONATION OF THE DELAY, TO WHICH, THE LD. COUNSEL FOR THE ASSESSEE HAS NOT RAISED ANY SERIOUS OBJECTION. CONSEQUENTLY, THE DELAY IN FILING OF THE APPEAL STANDS CONDONED AND THE APPEAL IS ADMITTED FOR ADJUDICATION. ITA NOS. 3082/18, 1380/17, 364/18, 1185/16, 1916/19, 1981/18 & 2559/18 3 3. AT THE TIME OF HEARING THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT IN THESE APPEALS FILED BY THE REVENUE ARE LESS THAN THE MONETARY LIMIT OF .50,00,000/- FIXED BY THE CBDT TO FILE AN APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AS PER THE CBDT CIRCULAR NO. 17/2019, DATED 08.08.2019. THE LD. DR FAIRLY CONCEDED THE SUBMISSIONS MADE BY THE LD. COUNSEL FOR THE ASSESSEE. BEING SO, THE REVENUE AUTHORITIES ARE PRECLUDED FROM FILING THE APPEAL BEFORE THE TRIBUNAL, SINCE THE TAX EFFECT IS LESS THAN .50,00,000/- IN THESE APPEALS. ACCORDINGLY, THE APPEALS FILED BY THE REVENUE ARE DISMISSED AS UN-ADMITTED. 4. IN THE RESULT, ALL THE APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED ON THE 14 TH OCTOBER, 2019 AT CHENNAI. SD/ - SD/ - (INTURI RAMA RAO) ACCOUNTANT MEMBER (DUVVURU RL REDDY) JUDICIAL MEMBER CHENNAI, DATED, THE 14.10.2019 VM/- /COPY TO: 1. / APPELLANT, 2. / RESPONDENT, 3. ( ) /CIT(A), 4. /CIT, 5. /DR & 6. /GF.