DCIT, Corporate Circle -4(1), Chennai V. MMRF Reality and Infrastructure Pvt.Ltd. , Chennai

ITA 2317/CHNY/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 4415 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 21-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M SUBASHRIJCIT
• Assessee Lawyers: G BASKAR
• Keywords: Maximum Marginal Rate; Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI , !' #'$ % ! , & ' BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ' ./ ITA NO.2317/CHNY/2017 & C.O NO.166/CHNY/2017 !( /ASSESSMENT YEAR: 2013-14 DY. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-4(1), CHENNAI. VS. M/S. MMRF REALITY AND INFRASTRUCTURE PVT. LTD., NO.36, TEACHERS COLONY, ADYAR, CHENNAI 600 020. [PAN: AAHCM 1575E ] ( ) /APPELLANT) ( *+) /RESPONDENT/CROSS OBJECTOR) ) , - / ASSESSEE BY : SHRI G.BASKAR, ADVOCATE *+) , - /REVENUE BY : MS. M. SUBASHRI, JCIT . ! , /& /DATE OF HEARING : 21.03.2019 01( , /& / DATE OF PRONOUNCEMENT : 21.03.2019 2 / O R D E R PER INTURI RAMA RAO, ACCOUNTANT MEMBER : THIS APPEAL FILED BY THE REVENUE AND THE CROSS OBJ ECTION (CO) FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LEAR NED COMMISSIONER OF INCOME TAX (APPEALS)-8, CHENNAI (HEREINAFTER AS CI T(A)) DATED 28.06.2017 FOR THE ASSESSMENT YEAR (AY) 2013-14. ITA NO.2317/CHNY/2017 & CO.166/CHNY/2017 (AY: 2013- 14) :- 2 -: 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN TH IS CASE IS LESS THAN RS. 20 LAKHS AND THEREFORE, THE CIRCULAR NO. 3/2018 DAT ED 11.07.2018 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) IN EXER CISE OF ITS POWER VESTED UNDER SEC. 268A(1) OF THE IT ACT COMES INTO PLAY WHEREIN, THE MONETARY LIMIT FOR FILING THE APPEAL BY THE REVENUE BEFORE THE ITAT AND VARIOUS HIGH COURTS AS WELL AS APEX COURT ARE REVIS ED WITH AN OBJECT OF THE REDUCING THE TAX LITIGATION. VIDE PARA 3 OF THE SAID CIRCULAR (SUPRA) IT IS STATED THAT IN CASES WHERE THE TAX EFFECT IN THE AP PEALS TO BE FILED BEFORE THE APPELLATE TRIBUNAL DOES NOT EXCEED RS. 20 LAKHS APPEALS SHOULD NOT BE FILED. THUS TAKING A NOTE OF CBDT CIRCULAR NO. 0 3/2018, DATED 11.07.2018 AND CONSIDERING THE FACT THAT THE TAX EF FECT IN THE INSTANT APPEAL IS LESS THAN RS. 20 LAKHS, THE PRESENT APPEA L DESERVES TO BE DISMISSED AS NOT PRESSED / NOT MAINTAINABLE. HOWEVE R, WE MAKE IT CLEAR THAT THE ISSUES RAISED IN THE INSTANT APPEAL IS LEF T OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF ARISES, IN FUTURE. AT THE SAME TIME, WE ALSO MAKE IT CLEAR THAT IF THE APPEALS FALL IN ANY OF THE EXCEPTIONS REFERRED TO IN THE ABOVE SAID CBDT CIRCULAR, THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THE ORDER IF SO ADVISED. ACCORDINGLY, IN THE LIGHT OF CBDT CIRCULAR NO.03/2018 DATED 11/07/2018 THE AP PEAL STANDS DISMISSED. ITA NO.2317/CHNY/2017 & CO.166/CHNY/2017 (AY: 2013- 14) :- 3 -: CO NO.166/CHNY/2017 : 3. SINCE, WE DISMISSED THE APPEAL OF THE REVENUE AS NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT, THE CROS S OBJECTION FILED BY THE ASSESSEE-COMPANY DOES NOT SURVIVE AND ACCORDINGLY C ROSS OBJECTIONS FILED BY THE ASSESSEE IS DISMISSED. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE AND THE C.O OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST MARCH, 2019 IN CHENNAI. SD/- SD/- ( ) (GEORGE MATHAN) /JUDICIAL MEMBER ( #'$ % ! ) (INTURI RAMA RAO) & /ACCOUNTANT MEMBER /CHENNAI, 3' /DATED: 21 ST MARCH, 2019. EDN, SR. P.S 2 , */45 65(/ /COPY TO: 1. ) /APPELLANT 2. *+) /RESPONDENT 3. . 7/ ( )/CIT(A) 4. . 7/ /CIT 5. 5!89 */ /DR 6. 9: ; /GF