DCIT, CHENNAI V. Rajasekar & Sons (HUF), CHENNAI

ITA 2011/CHNY/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 8017 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2016
• Appeal Filed By: Department
• Bench Allotted: B
• Next Hearing Date: 22-02-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 21-09-2015
• Court: TRIBUNAL
• Assessee Lawyers: V S JAYAKUMAR
• 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 ] ./ I.T.A.NO.2011/MDS/2015 / ASSESSMENT YEAR : 2010-11 THE DY. COMMISSIONER OF INCOME-TAX NON-CORPORATE CIRCLE 2 CHENNAI VS. M/S RAJASEKAR & SONS (HUF) NO.1, RIVER VIEW ROAD RIVER SIDE, KOTTURPURAM CHENNAI 600 085 [PAN AAKHR 3549 H ] ( &' / APPELLANT) ( ()&' /RESPONDENT) / APPELLANT BY : SHRI SASIKUMAR, JCIT /RESPONDENT BY : SHRI V.S.JAYAKUMAR, AD VOCATE / DATE OF HEARING : 22 - 02 - 2016 ! / DATE OF PRONOUNCEMENT : 22 - 0 2 - 2016 / O R D E R PER N.R.S.GANESAN, JUDICIAL MEMBER THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-2, CHENNA I, DATED 31.7.2015 AND PERTAINS TO ASSESSMENT YEAR 2010-11 . 2. ON HEARING SHRI SASIKUMAR, THE LD. DEPARTMENTAL REPRESENTATIVE, WE FIND THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN ` 10 LAKHS. THE CBDT IN CIRCULAR NO.21/2015 DATED 1 0.12.2015 ITA NO.2011/15 :- 2 -: INCREASED THE MONETARY LIMIT FOR FILING APPEAL BEFO RE THIS TRIBUNAL FROM ` 4 LAKHS TO ` 10 LAKHS. THE CBDT FURTHER CLARIFIED THAT THE INS TRUCTION DATED 10.12.2015 WILL APPLY RETROSPECTIVELY TO ALL THE PENDING APPEALS BEFORE THIS TRIBUNAL. THE CBDT HAS ALSO INSTRUCTED ITS OFFICERS TO WITHDRAW THE APPEALS PENDING BEFORE THIS TRIBUNAL. IN VIEW OF THE ABOVE, THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THE CIRCULAR ISSUED BY THE CBDT ON 10.12.2015 IS BINDING ON THE DEPARTMENT. THEREFORE, THE APPEAL FILED BY THE REVENUE IS NOT M AINTAINABLE. ACCORDINGLY, THIS APPEAL STANDS DISMISSED. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND FEBRUARY, 2016, AT CHENNAI. SD/- SD/- ( . !' ) (A. MOHAN ALANKAMONY) # / ACCOUNTANT MEMBER ( . . . ' ) (N.R.S. GANESAN) / JUDICIAL MEMBER #$ / CHENNAI %& / DATED: 22 ND FEBRUARY, 2016 RD &' ()*) / COPY TO: 1 . / APPELLANT 4. + / CIT 2. / RESPONDENT 5. ),- . / DR 3. +/' / CIT(A) 6. -01 / GF