DCIT, CHENNAI V. Aryan Shares & Stock Brokers Ltd., CHENNAI

ITA 2178/CHNY/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 8305 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2016
• Appeal Filed By: Department
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 19-11-2015
• Court: TRIBUNAL
• Department Lawyers: B LAKSHMINARYANANJCITD R
• Assessee Lawyers: Y SRIDHARC A
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI ... , . , , BEFORE SHRI N.R.S.GANESAN, JUDICIAL MEMBER AND SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ I.T.A.NO.2178 /MDS./2015 ( ! '! / ASSESSMENT YEAR :2009-10) THE ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-1(1), 121,M.G.ROAD, CHENNAI-34. VS. M/S.ARYAN SHARES & STOCK BROKERS LTD. , 7,7 TH CROSS STREET, SHREEJI METROPOLIS, II FLOOR, SHENOY NAGAR, CHENNAI 600 030. PAN AADCA 1233 H ( / APPELLANT ) ( / RESPONDENT ) #$ % & / APPELLANT BY : MR.B. LAKSHMINARYANAN,JCIT,D.R '(#$ % & / RESPONDENT BY : MR.Y.SRIDHAR,C.A ) * % +, / DATE OF HEARING : 05.01.2016 -' % +, /DATE OF PRONOUNCEMENT : 05.01.2016 / O R D E R ITA NO.2178 /MDS/2015 2 PER A.MOHAN ALANKAMONY , ACCOUNTANT MEMBER: THIS APPEAL IS FILED BY THE REVENUE, AGGRIEVED BY T HE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX(A)-1, CHENNAI DA TED 10.08.2015 IN ITA NO.244/11-12/A.III(NEW NO.ITA76/C IT(A)-1/2011- 12) PASSED UNDER SEC.143(3) READ WITH SECTION SEC . 250 OF THE ACT. 2. ON HEARING THE LD. DEPARTMENTAL REPRESENTATIVE, WE FIND THAT THE TAX EFFECT IN THIS CASE IS LESS THAN ` 10 LAKHS. THE CBDT IN ITS CIRCULAR NO.21/2015 DATED 10.12.2015 INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WH ERE THE TAX EFFECT IS LESS THAN ` 10 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIRCULAR OF CBDT IS BINDING ON TH E OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN THIS APPEAL. ACCORDINGLY, THIS APPEAL STANDS DISMISSED. ITA NO.2178 /MDS/2015 3 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUS ION OF HEARING ON THE 05TH JANUARY, 2016. SD/- SD/- ( . . . ) ( N.R.S.GANESAN ) ( . '#$ %' ) (A.MOHAN ALANKAMONY) JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI, DATED THE 05 TH JANUARY, 2016 K S SUNDARAM. COPY TO: 1. #$ /APPELLANT 2. '(#$ /RESPONDENT 3. ) .+ () /CIT(A) 4. ) .+ /CIT 5. 12 '+3 /DR 6. 4! 5* /GF