ACIT Corporate Circle 6(20, CHENNAI V. Sim Info System Pvt. Ltd., CHENNAI

ITA 2391/CHNY/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 9832 (ITAT-CHENNAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 20-08-2018
• Court: TRIBUNAL

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: CHENNAI , ! ' # ' $ . ! &' , ( ) BEFORE SHRI INTURI RAMA RAO, ACCOUN TANT MEMBER AND SHRI DUVVURU RL REDDY , JUDICIAL MEMBER ./ ITA NO.2391/CHNY/2018 ( * +* /ASSESSMENT YEAR: 2014-15 ASST. COMMISSIONER INCOME TAX, CORPORATE CIRCLE-6(2), CHENNAI. VS. M/S. SIM INFO SYSTEMS PVT. LTD., KALPATHARU COMPLEX, 44C, CP RAMASWAMY ROAD, ALWARPET, CHENNAI 600 018. [PAN: AAJCS 0281P] ( ,- /APPELLANT) ( ./,- /RESPONDENT) ,- 0 1 / APPELLANT BY : MRS. C. YAMUNA, JCIT ./,- 0 1 /RESPONDENT BY : SHRI K. BALASUBRAMANIAN, ADV. ' 0 2 /DATE OF HEARING : 01.05.2019 34+ 0 2 / DATE OF PRONOUNCEMENT : 01.05.2019 5 / O R D E R PER INTURI RAMA RAO, ACCOUNTANT MEMBER : THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGA INST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-15, CH ENNAI DATED 28.05.2018 FOR THE ASSESSMENT YEAR 2014-15. 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 DATED 11.07.2018 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 268A(1) OF THE IT ACT COMES INTO PLAY WHEREIN, THE MONETARY LIMIT FOR ITA NO.2391/CHNY/2018 (AY: 2014-15) :- 2 -: FILING THE APPEALS BY THE REVENUE BEFORE THE ITAT A ND VARIOUS HIGH COURTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJECT OF TH E REDUCING THE TAX LITIGATION. VIDE PARA 3 OF THE SAID CIRCULAR (SUPRA) IT IS STAT ED THAT IN CASES WHERE THE TAX EFFECT IN THE APPEALS TO BE FILED BEFORE THE APPELL ATE TRIBUNAL DOES NOT EXCEED RS. 20 LAKHS APPEALS SHOULD NOT BE FILED. THUS TAKI NG A NOTE OF CBDT CIRCULAR NO. 03/2018, DATED 11.07.2018 AND CONSIDERING THE F ACT THAT THE TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN RS. 20 LAKHS, THE P RESENT APPEAL DESERVES TO BE DISMISSED AS NOT PRESSED / NOT MAINTAINABLE. HOWEVE R, WE MAKE IT CLEAR THAT THE ISSUES RAISED IN THE INSTANT APPEAL IS LEFT OPE N TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF ARISES, IN FUTURE. AT THE SAME TIME, WE ALSO MAKE IT CLEAR THAT IF THE APPEAL FALL IN ANY OF THE EXCE PTIONS REFERRED TO IN THE ABOVE SAID CBDT CIRCULAR, THE REVENUE IS AT LIBERTY TO MO VE AN APPLICATION FOR RECALLING THE ORDER IF SO ADVISED. ACCORDINGLY, IN THE LIGHT OF CBDT CIRCULAR NO.03/2018 DATED 11/07/2018 THE APPEAL STANDS DISMI SSED. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON THE 01 ST DAY OF MAY, 2019 IN CHENNAI. SD/- SD/- ( ' # ' $ . ! &' ) (DUVVURU RL REDDY) ( /JUDICIAL MEMBER ( ) (INTURI RAMA RAO) /ACCOUNTANT MEMBER /CHENNAI, 7 /DATED: 1 ST MAY, 2019. EDN, SR. P.S 5 0 .(289 :9+2 /COPY TO: 1. ,- /APPELLANT 2. ./,- /RESPONDENT 3. ' ;2 ( )/CIT(A) 4. ' ;2 /CIT 5. 9<= .(2( /DR 6. ='* > /GF