ACIT, Madurai V. M/s. Peacock Apparels P. Ltd., Madurai

ITA 2231/CHNY/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 7980 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 1 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2016
• Appeal Filed By: Department
• Bench Allotted: C
• Next Hearing Date: 10-02-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 23-12-2013
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTH
• Assessee Lawyers: R SRINIVASAN
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI , ! . ! ' # $ #% BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI G.PAVAN KUMAR, JUDICIAL MEMBER . / I.T.A.NOS.392/MDS./2014 & 2231 /MDS./2013 ( $ & !'& / ASSESSMENT YEAR S :2009-10 & 2010-11) THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-I(1), MADURAI. VS. M/S.PEACOCK APPARELS P LTD .,PLOT NO.2,MEENAKSHI NAGAR, GST ROAD, PASUMALAI, MADURAI 625 004. PAN AACCP 2308 P ( / APPELLANT ) ( / RESPONDENT ) () * + / APPELLANT BY : MR.A.V.SREEKANTH, JCIT, D.R ,-() * + / RESPONDENT BY : MR.R.SRINIVASAN, ADVOCATE ' ! * . / DATE OF HEARING : 10.02.2016 /0' * . /DATE OF PRONOUNCEMENT : 10.02.2016 / O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: THESE TWO APPEALS ARE FILED BY THE REVENUE ARE D IRECTED AGAINST DIFFERENT ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX(A)-I, MADURAI DATED 11.11.2013 & 25.07.2013 PER TAINING TO THE ASSESSMENT YEARS 2009-10 & 2010-11 RESPECTIVELY. ITA NO.2231/MDS/2013 2 2. ON HEARING THE LD. DEPARTMENTAL REPRESENTATIVE, WE FIND THAT THE TAX EFFECTS IN THESE TWO CASES ARE LESS THAN ` 10 LAKHS. THE CBDT IN ITS CIRCULAR NO.21/2015 DATED 10.12.2015 IN STRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE TAX EFFECT IS LESS THAN ` 10 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIRCULAR OF CBDT IS BI NDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN THESE APPEALS. ACCORDINGLY, BOTH THE RE VENUES APPEAL FOR ASSESSMENT YEARS 2009-10 AND 2010-11 STAND DISMISS ED. 3. IN THE RESULT, BOTH THE APPEALS FILED BY THE REV ENUE FOR ASSESSMENT YEARS 2009-10 AND 2010-11 ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUS ION OF HEARING ON 10 TH FEBRUARY,2016. SD/- SD/- ( . ! ' # ) (G.PAVAN KUMAR) ( ( ) ) ( CHANDRA POOJARI ) JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI, DATED THE 10 TH FEBRUARY,2016 . K S SUNDARAM. COPY TO : APPELLANT / RESPONDENT/ CIT(A / CIT / DR/ GF