ACIT Corporate Circle 3(1) , CHENNAI V. Tech-sharp Engineers Pvt. Ltd. , CHENNAI

ITA 2072/CHNY/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7431 (ITAT-CHENNAI)
• Duration Of Justice: 10 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-07-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 24-05-2018
• Assessment Year: 2012-2013
• Appeal Filed On: 24-08-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: M KARUNAKARAN ADV
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : CHENNAI . , , BEFORE SHRI ABRAHAM P.GEORGE, ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, JUDICIAL MEMBER ./I.T.A. NO.2072/MDS/2017 / ASSESSMENT YEAR : 2012-2013. THE ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 3(1) CHENNAI 600 034. VS. M/S. TECH-SHARP ENGINEERS P. LTD, C-39, 2 ND AVENUE, ANNA NAGAR, CHENNAI 600 040. [PAN AAACT 6096Q] ( / APPELLANT) ( /RESPONDENT) ! ' # / APPELLANT BY : MR. SHAJI P. JACOB, ADDL. CIT. $%! ' # /RESPONDENT BY : SHRI. M. KARUNAKARAN, ADV & ' ' () /DATE OF HEARING : 12-07-2018 *+ ' () /DATE OF PRONOUNCEMENT : 12-07-2018 / O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER: THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST A N ORDER DATED 19.05.2017 OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-1, CHENNAI. 2. LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMITTE D THAT DEPARTMENTAL APPEAL WAS AGAINST DELETION OF AN ADD ITION OF ITA NO. 2072/MDS/2017. :- 2 -: @14,47,931/-, BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS). AS PER LD. AUTHORISED REPRESENTATIVE TAX EFFECT BEING LESS THAN TWENTY LAKHS, BY VIRTUE OF CBDT CIRCULAR NO.3/2018, DATED 11.07.2018, THE APPEAL WILL NOT LIE. 3. PER CONTRA, LD. DEPARTMENTAL REPRESENTATIVE FAIRLY AGREED THAT THE TAX EFFECT THEREOF WAS LESS THAN THE LIMI T MENTIONED IN THE CBDT CIRCULAR. 4. WE HAVE CONSIDERED THE RIVAL CONTENTIONS AND PERUSE D THE ORDERS OF THE AUTHORITIES BELOW. BY VIRTUE OF CIRCU LAR NO.03/2018, DATED 11.07.2018, AN APPEAL OF THE REVENUE WILL NOT LIE B EFORE THIS TRIBUNAL WHERE THE TAX EFFECT IS LESS THAN @20,00,000/-. 5. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DIS MISSED ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ON THURSDAY, THE 12 TH JUNE, 2018, AT CHENNAI. SD/- SD/- ( ) (GEORGE MATHAN) /JUDICIAL MEMBER ( . ! ' ) (ABRAHAM P. GEORGE) $ % / ACCOUNTANT MEMBER - ' / CHENNAI . / DATED: 12 TH JUNE, 2018. KV / ' $(0 1 2 1 ( / COPY TO: 1. ! / APPELLANT 3. & 3( ( ) / CIT(A) 5. 167 $(8 / DR 2. $%! / RESPONDENT 4. & 3( / CIT 6. 79 :' / GF