ITO, Ward -2, Cuddalore V. NLC HOWSICOS, Cuddalore

ITA 2194/CHNY/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 9699 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 07-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS VIJAYA PRABHA
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME-TAX APPELLATE TRIBUNAL D BENCH, CHE NNAI . . . , . , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER & SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ I.T.A.NO.2194/CHNY/2017 / ASSESSMENT YEAR :2010-11 THE INCOME TAX OFFICER, WARD 2, CUDDALORE. VS. M/S. NLC HOWSICOS, OLD M.M.C. COMPLEX, OPP. TO THERMAL POWER STATION, NEYVELI 607 807, CUDDALORE DISTRICT. [PAN: AAAAN2264Q] ( '# /APPELLANT ) ( $%'# / RESPONDENT ) / APPELLANT BY : MRS. VIJAYAPRABHA, JCIT / RESPONDENT BY : SHRI SAROJ KUMAR PARIDA, ADVOCATE / DATE OF HEARING : 25.09.2018 /DATE OF PRONOUNCEMENT : 26.09.2018 / O R D E R PER A. MOHAN ALANKAMONY, AM : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX(APPEALS)-PUD UCHERRY, PUDUCHERRY, DATED 29.06.2017 IN ITA NO.116/CIT(A)-PDY/2016-17 F OR THE ASSESSMENT YEAR 2010-11 PASSED U/S. 250(6) OF THE ACT. THE ONL Y ISSUE AGITATED BY THE REVENUE BEFORE US IS THAT THE LD. CIT(A) HAS ERRED IN GRANTING DEDUCTION TO THE ASSESSEE FOR .4,63,359/- U/S. 80P(2)(D) OF THE ACT. AT THE TIME OF I.T.A. I.T.A. I.T.A. I.T.A. NO. NO. NO. NO.219 219219 2194 44 4/ // /CHNY CHNY CHNY CHNY/ // /1 11 17 77 7 2 HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMI TTED THAT THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE SINCE THE TAX EF FECT IS BELOW RS.20 LAKHS. THE LD. DR ALSO COULD NOT CONTROVERT TO THE FINDING OF THE LD. AR. 2. THE CBDT IN ITS LATEST CIRCULAR NO.3/2018 DATED 11.07.2018 HAD FIXED THE MONETARY TAX EFFECT AS RS.20 LAKHS FOR FILING A PPEAL BEFORE THE TRIBUNAL. FURTHER, IT IS APPARENT FROM THE ORDERS OF THE LD. REVENUE AUTHORITIES THAT IN THE CASE OF THE ASSESSEE, THE TAX EFFECT IS BELOW R S.20 LAKHS WHICH IS ALSO CONCEDED BY THE LD. DR. HENCE DUE TO THE INSTRUCTIO NS ISSUED BY THE CBDT VIDE ITS CIRCULAR MENTIONED HEREIN ABOVE, WE HEREBY HOLD THAT THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND ACCORD INGLY THE APPEAL OF THE REVENUE IS DISMISSED. 3. IN THE RESULT THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON 26 TH OF SEPTEMBER, 2018 AT CHENNAI. SD/ - SD/ - (N.R.S. GANESAN) JUDICIAL MEMBER (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER CHENNAI, DATED, THE 26.09.2018 VM/- #$ %$ /COPY TO: 1. / APPELLANT, 2. / RESPONDENT, 3. & ( ) /CIT(A), 4. & /CIT, 5. $'( ) /DR & 6. (* /GF.