ACIT, Central Circle -2, Coimbatore V. Sree Daksha Property Developers, Coimbatore

ITA 2107/CHNY/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3459 (ITAT-CHENNAI)
• Duration Of Justice: 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 30-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S SRIDHAR
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : CHENNAI , . , BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER & SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ I.T.A.NO.2107/CHNY/2017 / ASSESSMENT YEAR : 2011-12 THE ASSISTANT COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-2, INCOME TAX BUILDING, RACE COURSE ROAD, COIMBTORE-641 018. VS. M/S.SREE DAKSHA PROPERTY DEVELOPERS , NO.1,GANDHI LAYOUT,SRI VEERAS TOWER, MARUTHAMALAI ROAD, VADAVALLI,COIMBATORE 641 046. [PAN ABHFS 0489 B] ( / APPELLANT) ( /RESPONDENT) ! ' # / APPELLANT BY : NONE $% ! ' # /RESPONDENT BY : MR.S.SRIDHAR,ADVOCATE & ' ' () / DATE OF HEARING : 23 - 0 8 - 201 8 * ' () / DATE OF PRONOUNCEMENT : 23 - 08 - 201 8 / O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER THIS IS AN APPEAL FILED BY THE REVENUE AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-18, CHENN AI IN APPEAL NO.79/16-17 DATED 31.05.2017 FOR THE ASSESSMENT YEA R 2011-12. 2. NONE REPRESENTED ON BEHALF OF THE REVENUE, AND MR.S.SRIDHAR REPRESENTED ON BEHALF OF THE ASSESSEE. ITA NO.2107/CHNY/2017 :- 2 -: 3. WHEN THE APPEAL IS TAKEN UP FOR HEARING, THE RE PRESENTATIVE FOR THE ASSESSEE SUBMITTED THAT THE TAX EFFECT INVO LVED IN THIS APPEAL IS LESS THAN ` 20 LAKHS. IT WAS A SUBMISSION THAT THE CBDT IN ITS LATEST CIRCULAR NO.3/2018 DATED 11.07.2018 INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE T AX EFFECT IS LESS THAN ` 20 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINIO N THAT THIS CIRCULAR OF CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN TH IS APPEAL. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSION OF HEARING ON 23 RD AUGUST, 2018, AT CHENNAI. SD/ - SD/ - ( . ) (A.MOHAN ALANKAMONY) ! '# / ACCOUNTANT MEMBER ( ) (GEORGE MATHAN) $ '# / JUDICIAL MEMBER - ' / CHENNAI . / DATED: 23 RD AUGUST, 2018. K S SUNDARAM / ' $(01 2 1( / COPY TO: 1 . ! / APPELLANT 3. & 3( () / CIT(A) 5. 145 $(6 / DR 2. $% ! / RESPONDENT 4. & 3( / CIT 6. 57 8' / GF