DCIT, CHENNAI V. M/s. Aban Offshore Ltd., CHENNAI

ITA 2518/CHNY/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 4185 (ITAT-CHENNAI)
• Duration Of Justice: 9 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2017
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: B
• Next Hearing Date: 14-03-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 29-08-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: K RAVI
• Assessee Lawyers: LAKSHMOJI RAO
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME - TAX APPELLATE TRIBUNAL B BENCH, CHENNAI , . , BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER & SHRI DUVVURU RL REDDY , JUDICIAL MEMBER ./ I T.A. NO. 2518 /MDS/201 6 / ASSESSMENT YEAR :20 09 - 1 0 THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1(1 ) , CHENNAI 600 034 . VS. M/S. ABAN OFFSHORE LTD., 113, JANPRIYA CREST, PANTHEON ROAD, EGMORE, CHENNAI 600 008. [PAN: AA A C A3012H ] ( / APPELLANT ) ( / RESPONDENT ) / APPELLANT BY : SHRI K. RAVI , J CIT / RESPONDENT BY : SHRI KUMAR PAL & SHRI LAKSHMOJI RAO, C.A. / DATE OF HEARING : 07 . 0 6 .201 7 / DATE OF P RONOUNCEMENT : 21 . 0 6 .201 7 / O R D E R PER DUVVURU RL REDDY , JUDICIAL MEMBER : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) 1 , C HENNAI DATED 2 8 . 0 6 .201 6 RELEVANT TO THE ASSESSMENT YEAR 20 09 - 1 0 PASSED UNDER SECTION 115WE(3) OF THE INCOME TAX ACT, 1961 [ ACT IN SHORT] . 2. AT THE TIME OF HEARING THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX DEMANDED BY THE DEPARTMENT WAS .6,35,850/ - AND THUS, THE TAX I.T.A. NO . 2518 /M/ 16 2 EFFECT IN THE APPEAL FILED BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF .10,00,000/ - FIXED BY THE CBDT TO FILE AN APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AS PER THE CBDT CIRCULAR NO. 21/2015, DATED 10.12.2015. THE LD. DR FAIRLY CONCEDED THE SUBMISSIONS MADE BY THE LD. 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 .10,00,000/ - IN THIS APPEAL. ACCORDINGLY, THE APPEA L FILED BY THE REVENUE IS DISMISSED AS UN - ADMITTED. 3 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON THE 21 ST JUNE, 201 7 AT CHENNAI. SD/ - SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER ( DUVVURU RL REDDY ) JUDICIAL MEMBER CHENNAI, DATED, THE 21. 0 6 .201 7 VM/ - / COPY TO: 1. / APPELLANT , 2. / RESPONDENT , 3. ( ) / CIT(A) , 4. / CIT , 5. / DR & 6. / GF.