DCIT Corporate Circle 1, Coimbatore V. Indo Shell Mould Limited, Coimbatore

ITA 209/CHNY/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 3944 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 1 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-03-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Appeal Filed On: 28-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARV
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: CHENNAI ... , ' , ' BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ./ ITA NO. 209/CHNY/2019 (( /ASSESSMENT YEARS: 2015-16 DEPUTY COMMISSIONER OF INCOME-TAX, CORPORATE CIRCLE-1, COIMBATORE, TAMIL NADU / V. INDO SHELL MOULD LIMITED A-9, SIDCO INDUSTRIAL ESTATE, COIMBATORE, TAMIL NADU REVENUE BY : MR.ARV SREENIVASAN, JCIT ASSESSEE BY : MR.N.ARJUN RAJ, CA + / DATE OF HEARING : 02.03.2020 + /DATE OF PRONOUNCEMENT : 02.03.2020 / O R D E R PER RAMIT KOCHAR, ACCOUNTANT MEMBER: THISAPPEALFILED BY REVENUE IS DISPOSED OF BECAUSE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.50 LACS AS PER CBDT CIRCULAR NO.17/2019 (F.NO. 279/MISC.142/2007-ITJ (PT)) DATED 08 TH AUGUST, 2019 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINIS TRY OF FINANCE, GOVERNMENT OF INDIA, AMENDING PARA NO.3 AND 5 OF TH E CBDT CIRCULAR NO.3 OF 2018 DATED 11.07.2018 AND ITS SUBSEQUENT AM ENDMENT DATED 20.08.2018. I.T.A. NO. 209/CHNY/2019 2 2. THE LD. DRFAIRLY SUBMITTED THAT TAX EFFECT INVOL VED IN THIS APPEALS FILED BY REVENUE IS LESS THAN RS.50LACS AND THE APP EALS IS COVERED BY CBDT CIRCULAR NO.17/2019 DATED 08.08.2019 BEING A L OW TAX EFFECT APPEALS FILED BY REVENUE. IT IS ALSO EXPLAINED BY L EARNED DR THAT THIS APPEAL FILED BY REVENUE IS ALSO NOT HIT BY ANY OF E XCEPTIONS CARVED OUT IN AFORESAID CBDT CIRCULAR. THE LEARNED COUNSEL FOR TH E ASSESSEE ALSO SUBMITTED THAT THIS APPEAL IS COVERED BY AFORESAID CBDT CIRCULAR AND IS TO BE DISMISSED AS LOW TAX EFFECT APPEAL. 3. THE TAX EFFECT INTHIS APPEAL FILED BY REVENUEIS UNDISPUTEDLY BELOW RS.50 LACS AND THUS KEEPING IN VIEW CBDT CIRCULAR N O.17/2019 (F.NO.279/MISC.142/2007-ITJ (PT)) DATED 08 TH AUGUST, 2019 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENU E, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, AMENDING PARA NO.3 AN D 5 OF THE CBDT CIRCULAR NO.3 OF 2018 DATED 11.07.2018 AND ITS SUBS EQUENT AMENDMENT DATED 20.08.2018, WE ARE INCLINED TO DISMISS THISA PPEAL FILED BY REVENUE DUE TO LOW TAX EFFECT INVOLVED IN THIS APPEAL WHICH IS BELOW RS.50 LACS. WHILE DISPOSING OF THIS APPEAL FILED BY REVENUE DUE TO LOW TAX EFFECT VIDE AFORESAID CBDT CIRCULAR NO.17/2019 DATED 08.08.2019 , WE CLARIFY THAT WE HAVE NOT COMMENTED ON MERITS OF THE ISSUE(S) IN THI S APPEAL.HOWEVER, AT THE SAME TIME WE ARE GRANTING LIBERTY TO REVENUE TH AT IF AT ANY STAGE REVENUE WANTS TO AGITATE THE MATTER/ISSUE(S) IN THI S APPEALIN ACCORDANCE WITH THE CLAUSES/EXCEPTIONS AS ARE CONTAINED IN THE AFORE-STATED CBDT CIRCULAR NUMBER 17/2019 DATED 08.08.2018 READ WITH CBDT CIRCULAR NO 3/2018 DATED 11.07.2018 AS MODIFIED ON 20.08.2018, THE REVENUE IS HEREBY GRANTED LIBERTY TO FILE MISCELLANEOUS APPLIC ATION PRAYING FOR RECALL OF THIS ORDER ACCORDINGLY. WE ORDER ACCORDINGLY. I.T.A. NO. 209/CHNY/2019 3 4. IN RESULT, THE APPEAL FILED BY REVENUE IN ITA N O.209/CHNY/2019 FOR AY: 2015-16 STAND DISMISSED OWING TO LOW TAX EFFECT AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 02.03.2020. + - . 02.03.2020 + SD/- SD/- ( ... ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( ' ) (RAMIT KOCHAR) /ACCOUNTANT MEMBER /CHENNAI, . /DATED: 02 ND MARCH 2020. TLN + 0'1 21 /COPY TO: 1. 4 /APPELLANT 4. 5 /CIT 2. 064 /RESPONDENT 5. 1 0 /DR 3. 5 ( ) /CIT(A) 6. ( /GF