ACIT Central Circle 3(4), CHENNAI V. Prathapmal Ajiet, Chengalpattu

ITA 2396/CHNY/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4164 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 2 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-10-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 27-10-2020
• Assessment Year: 2015-2016
• Appeal Filed On: 20-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: A.S.SRIRAMAN
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME-TAX APPELLATE TRIBUNAL C BENCH, CHENNAI . , , BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER & SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ I.T.A. NO.2396/CHNY/2018 / ASSESSMENT YEAR: 2015-16 THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 3(4), 46, NUNGAMBAKKAM HIGH ROAD, CHENNAI 600 034. VS. SHRI PRATHAPMAL AJIET, NO. 36, BAZAAR STREET, CHENGALPATTU, TAMIL NADU 603 002. [PAN: AAMPS2728P] ( /APPELLANT ) ( / RESPONDENT ) DEPARTMENT BY : MS. R. ANITA, JCIT ASSESSEE BY : SHRI A.S. SRIRAMAN, ADVOCATE / DATE OF HEARING : 29.10.2020 /DATE OF PRONOUNCEMENT : 29.10.2020 / O R D E R PER DUVVURUL RL REDDY, JUDICIAL MEMBER : THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) 19, CHENNAI DATED 24.05.2018 RELEVANT TO THE ASSESSMENT YEAR 2015-16. 2. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT IN THE APPEAL FILED BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF .50,00,000/- FIXED BY THE CBDT TO FILE AN APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AS PER THE CBDT CIRCULAR NO. 17/2019, DATED 08.08.2019. THE LD. DR FAIRLY CONCEDED THE SUBMISSIONS MADE BY THE LD. I.T.A. NO. 2396/CHNY/18 2 COUNSEL FOR THE ASSESSEE. BEING SO, THE REVENUE AUTHORITIES ARE PRECLUDED FROM FILING THE APPEAL BEFORE THE TRIBUNAL, SINCE THE TAX EFFECT IS LESS THAN .50,00,000/- IN THIS APPEAL AND THE APPEAL FILED BY THE REVENUE IS LIABLE TO BE DISMISSED. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS DISMISSED. HOWEVER, THE DEPARTMENT IS AT LIBERTY TO SEEK RECALL OF THE ABOVE ORDER SINCE, THE LD. DR WAS NOT SURE ABOUT AS TO WHETHER THE ISSUE RAISED IN THE APPEAL OF THE REVENUE IS NOT ARISING OUT OF RAP OBJECTION AS NO SPECIFIC GROUND WAS RAISED IN THE GROUNDS OF APPEAL. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON THE 29 TH OCTOBER, 2020 AT CHENNAI. SD/- SD/- (S. JAYARAMAN) ACCOUNTANT MEMBER (DUVVURU RL REDDY) JUDICIAL MEMBER CHENNAI, DATED, THE 29.10.2020 VM/- /COPY TO: 1. / APPELLANT, 2. / RESPONDENT, 3. ( ) /CIT(A), 4. /CIT, 5. /DR & 6. /GF.