ITO, Dindigul V. K.Chellamuthu, Dindigul

ITA 2151/CHNY/2015

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 96517 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2004-2005
• Appeal Filed On: 16-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P RADHAKRISHNAN
• Keywords: Reopening of assessment; Tax effect
• Section: 147

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , A B ENCH, CHENNAI . , ! # , $ & BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER ./ I.T.A.NO.2151 & 2152/MDS/2015 ( / ASSESSMENT YEAR: 2004-05 & 2005-06) INCOME TAX OFFICER, WARD-1 DINDIGUL. VS MR.K.CHELLAMUTHU, NAGANAMPATTY VILLAGE 1 ST STREET, ODDANCHATRAM TALUK DINDIGUL DIST.PIN:624 619. PAN: AESPC8860Q ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. P.RADHAKRISHNAN, JCIT /RESPONDENT BY : NONE /DATE OF HEARING : 17 TH DECEMBER, 2015 /DATE OF PRONOUNCEMENT : 18 TH DECEMBER, 2015 / O R D E R PER CHALLA NAGENDRA PRASAD, JM: THESE TWO APPEALS ARE FILED BY THE REVENUE AGAINS T THE ORDERS OF COMMISSIONER OF INCOME TAX (APPEALS)- 1, MADURAI DATED 31.08.2015 FOR THE ASSESSMENT YEARS 2004- 05 AND 2005-06. THE ONLY ISSUE IN BOTH THESE APPEA LS OF THE REVENUE IS THAT COMMISSIONER OF INCOME TAX (APPEALS ) HAS ERRED IN HOLDING THAT REOPENING OF ASSESSMENT UNDE R SECTION 147 IS NOT VALID IN LAW. 2. NOTICE OF HEARING SENT TO THE ASSESSEE/RESPONDEN T IN BOTH THESE APPEALS BY REGISTERED POST WITH A/D RETU RNED 2 ITA NO.2151 & 2152/MDS/2015 UNSERVED WITH THE POSTAL REMARK NOT KNOWN. AT THE TIME OF HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE/RESPONDENT. THEREFORE, WE PROCEED TO DISPO SE OFF THE APPEALS AFTER HEARING THE D.R. 3. AT THE TIME OF HEARING, WE FIND THAT THE TAX E FFECT IN THE APPEALS OF THE REVENUE IS LESS THAN ` 10,00,000/- AND IN VIEW OF THE RECENT CIRCULAR OF THE CBDT NO. 21/2015 DATED 10.12.2015, WHERE THE MONETARY LIMITS FOR FILING O F APPEAL BY THE REVENUE BEFORE THE ITAT HAVE BEEN REVISED TO ` 10,00,000/-, THE APPEALS FILED BY THE REVENUE ARE LIABLE TO BE DISMISSED. FURTHER WE FIND AS PER CLAUSE 10 OF T HE CIRCULAR, INSTRUCTIONS APPLY RETROSPECTIVELY TO PENDING APPE ALS ALSO. 4. DEPARTMENTAL REPRESENTATIVE SUBMITS THAT TAX EF FECT IN THESE APPEALS ARE LESS THAN ` 10,00,000/-. 5. WE HAVE PERUSED THE RECENT CIRCULAR NO.21/2015 D ATED 10.12.2015 ISSUED BY THE CBDT REVISING THE MONETAR Y LIMITS FOR FILING OF APPEALS BY THE REVENUE BEFORE THE ITA T, HIGH COURT AND SLP BEFORE SUPREME COURT. IN THE SAID IN STRUCTION, THE MONETARY LIMIT FIXED FOR FILING OF APPEAL BEFOR E THE TRIBUNAL 3 ITA NO.2151 & 2152/MDS/2015 IS AT ` 10,00,000/-. IN THE CIRCULAR IT IS ALSO MADE IT CLEAR IN CLAUSE NO.10 THAT THIS INSTRUCTION WILL APPLY RETRO SPECTIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN ITAT AND HIGH COURT. IT IS ALSO MENTIONED THAT PENDING A PPEALS BELOW THE SPECIFIED TAX LIMITS MAY BE WITHDRAWN AS NOT PRESSED. SINCE THE TAX EFFECT IN THE APPEALS OF T HE REVENUE IS LESS THAN ` 10,00,000/-, IN VIEW OF THE ABOVE CIRCULAR OF CBDT, THE APPEALS ARE DISMISSED. 6. IN THE RESULT, BOTH THESE APPEALS OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH DECEMBER, 2015. SD/- SD/- ( # ) ( & (# ) ( CHANDRA POOJARI ) ( CHALLA NAG ENDRA PRASAD ) * / ACCOUNTANT MEMBER ( * / JUDICIAL MEMBER ( /CHENNAI, , /DATED 18 TH DECEMBER, 2015 SOMU ./ 0/ /COPY TO: 1. APPELLANT 2.RESPONDENT 3. 1 () /CIT(A) 4. 1 /CIT 5. / 5 /DR 6. /GF .