ACIT, CHENNAI V. M/s. Viswakarma Mines & Building Material Pvt. Ltd., CHENNAI

ITA 2626/CHNY/2016

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 9998 (ITAT-CHENNAI)
• Duration Of Justice: 5 year(s) 4 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-01-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 08-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

आयकर अपीलीय अिधकरण, ‘सी’ Ɋायपीठ, चेɄई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI ŵी वी. दुगाŊ राव, Ɋाियक सद˟ एवं ŵी मनोज कु मार अŤवाल, लेखा सद˟ के समƗ । Before Shri V. Durga Rao, Judicial Member & Shri Manoj Kumar Aggarwal, Accountant Member आयकर अपील सं./I.T.A. Nos.2625, 2626, 2627, 2628 and 2629/Chny/2016 Assessment Years: 2008-09, 2009-10, 2010-11, 2011-12 & 2012-13 The Assistant Commissioner of Income Tax, Central Circle 3(1), 46, Nungambakkam High Road, Chennai – 600 034. Vs. M/s. Viswakarma Mines & Building Material (P) Ltd., Anjugam Nagar, 2 nd Street, Jafferkhanpet, Chennai 600 083. [PAN: AACCV4670L] (अपीलाथŎ /Appellant) (ŮȑथŎ/Respondent) अपीलाथŎ की ओर से / Appellant by : Shri M. Rajan, CIT ŮȑथŎ की ओर से/Respondent by : Shri R. Meenakshisundaram, Advocate सुनवाई की तारीख/ Date of hearing : 19.01.2022 घोषणा की तारीख /Date of Pronouncement : 19.01.2022 आदेश /O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: These five appeals filed by the Revenue are directed against common order of the ld. Commissioner of Income Tax (Appeals) 19, Chennai, dated 22.06.2016 relevant to the assessment years 2008-09, 2009-10, 2010-11, 2011-12 and 2012-13. 2. When the appeals for the assessment years 2008-09, 2009-10, 2010- 11 and 2011-12 were taken up for hearing, the ld. Counsel for the assessee has submitted that the tax effect in these appeals filed by the Revenue are I.T.A. Nos. 2625 - 2629/Chny/16 2 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. 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 these appeals. Thus, the appeals filed by the Revenue for the assessment years 2008-09, 2009-10, 2010-11 and 2011-12 are liable to be dismissed. Accordingly, these appeals filed by the Revenue are 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 these appeals of the Revenue are not arising out of RAP objection as no specific ground was raised in the grounds of appeal. 3. So far as appeal for the assessment year 2012-13 in I.T.A. No. 2629/Chny/2016 is concerned, the ld. DR has submitted that without discussing anything on merits, the ld. CIT(A) has simply allowed the appeal of the assessee and submitted that suitable direction may be given to the ld. CIT(A) to pass speaking order on merits in accordance with law against which, the ld. Counsel for the assessee has not raised any objection. 4. By considering the above submissions of the both the parties, we remit the matter back to the file of the ld. CIT(A) with a direction to pass I.T.A. Nos. 2625 - 2629/Chny/16 3 speaking order afresh in accordance with law after affording an opportunity of being heard to the assessee. 5. In the result, the appeals filed by the Revenue in I.T.A. Nos. 2625, 2626, 2627 and 2628/Chny/2016 are dismissed and the appeal in I.T.A. No. 2629/Chny/2016 is allowed for statistical purposes. Order pronounced on the 19 th January, 2022 at Chennai. Sd/- Sd/- (MANOJ KUMAR AGGARWAL) ACCOUNTANT MEMBER (V. DURGA RAO) JUDICIAL MEMBER Chennai, Dated, the 19.01.2022 Vm/- आदेश कᳱ ᮧितिलिप अᮕेिषत/Copy to: 1. अपीलाथᱮ/Appellant, 2.ᮧ᭜यथᱮ/ Respondent, 3. आयकर आयुᲦ (अपील)/CIT(A), 4. आयकर आयुᲦ/CIT, 5. िवभागीय ᮧितिनिध/DR & 6. गाडᭅ फाईल/GF.