Assistant Director of Income Tax, CHENNAI V. M/s. Naradha Gana Sabha, CHENNAI

ITA 2232/CHNY/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 96563 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 11 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 16-12-2015
• Assessment Year: 2010-2011
• Appeal Filed On: 23-12-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P RADHAKRISHNAN
• Assessee Lawyers: S SRIDHAR
• Keywords: Tax effect
• Section: 11

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.NOS.2232/MDS/2013 & ITA NO.1193/MDS/2014 ( / ASSESSMENT YEARS: 2010-11 & 2009-10) ASSISTANT / DEPUTY DIRECTOR OF INCOME TAX(EXEMPTIONS)-IV, AAYAKAR BHAVAN ANNEXE BLDG 3 RD FLOOR, CHENNAI-600 034. VS M/S. NARADHA GANA SABHA, 314, TTK ROAD, ALWARPET, CHENNAI-600 018. PAN: AAAAN0100F ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. P.RADHAKRISHNAN, JCIT /RESPONDENT BY : MR. S.SRIDHAR, ADVOCATE /DATE OF HEARING : 16 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 AGAINST THE ORDERS OF COMMISSIONER OF INCOME TAX (APPEALS)-7, C HENNAI DATED 31.01.2014 AND 03.09.2013 FOR THE ASSESSMENT YEARS 2009-10 AND 2010-11 RESPECTIVELY. IN BOTH THESE APPEALS, THE ONLY ISSUE OF THE REVENUE IS THAT COMMISSIONER OF INCOME TAX (APPEALS) ERRED IN HOLDI NG THAT ASSESSEE ASSOCIATION IS ELIGIBLE FOR EXEMPTION UND ER SECTION 11 OF THE ACT. 2 ITA NO.2232 /MDS/2013 & ITA NO.1193/MDS/2014 2. AT THE TIME OF HEARING, COUNSEL FOR THE ASSESSEE SUBMITS THAT THE TAX EFFECT IN BOTH THESE APPEALS O F 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 W HERE THE MONETARY LIMITS FOR FILING OF APPEAL BY THE RE VENUE BEFORE THE ITAT HAVE BEEN REVISED TO ` 10,00,000/-, THE APPEALS FILED BY THE REVENUE ARE THUS LIABLE TO BE DISMISSED. COU NSEL FOR THE ASSESSEE FURTHER REFERRING TO CLAUSE 10 OF THE CIRCULAR SUBMITS THAT INSTRUCTIONS APPLY RETROSPECTIVELY TO PENDING APPEALS ALSO. 3. DEPARTMENTAL REPRESENTATIVE SUBMITS THAT IN BOTH THESE APPEALS TAX EFFECT IS LESS THAN ` 10,00,000/-. 4. 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 INSTRUCTION, THE MONETARY LIMIT FIXED FOR FILING O F APPEAL BEFORE THE TRIBUNAL IS AT ` 10,00,000/-. IN THE CIRCULAR IT IS ALSO MADE IT CLEAR IN CLAUSE NO.10 THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO B E FILED 3 ITA NO.2232 /MDS/2013 & ITA NO.1193/MDS/2014 HENCEFORTH IN ITAT AND HIGH COURT. IT IS ALSO MENTI ONED THAT PENDING APPEALS BELOW THE SPECIFIED TAX LIMITS MAY BE WITHDRAWN AS NOT PRESSED. SINCE THE TAX EFFECT IN BOTH THESE REVENUE APPEALS IS LESS THAN ` 10,00,000/- I.E. ` 3,17,413/- FOR THE ASSESSMENT YEAR 2009-10 AND ` 7,93,895/- FOR THE ASSESSMENT YEAR 2010-11, IN VIEW OF THE CIR CULAR OF CBDT BOTH THE APPEALS ARE DISMISSED. 5. IN THE RESULT, BOTH THE APPEALS OF THE REVENUE A RE 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 .