ACIT Central Circle 3(4), CHENNAI V. Sumthi Challani, CHENNAI

ITA 2632/CHNY/2017

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 8686 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 1 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 02-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HOMI RAJVANSH
• Assessee Lawyers: N VIJAYKUMARC A
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : CHENNAI , , BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER & S HRI S.JAYARAMAN , ACCOUNTANT MEMBER ./ I.T.A.NOS.2629 TO 2634/CHNY/2017 & 801/CHNY/2018 AND C.O.NOS.18 TO 23/CHNY/2018 / ASSESSMENT YEARS : 2007-08 TO 2012-13 & 2012-1 3 THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(4), CHENNAI. VS. SHRI SUMTI A.CHALLANI , NO.2,RITHERDON AVENUE, VEPERY, CHENNAI 600 007. [PAN ADYPC 5416 D ] ( / APPELLANT) ( /RESPONDENT / CROSS OBJECTOR ) / APPELLANT BY : MR.HOMI RAJ VANSH,CIT,DR !' /RESPONDENT BY : MR.N.VIJAY KUMAR, C.A # $ %& / DATE OF HEARING : 18 - 12 - 201 8 '( %& / DATE OF PRONOUNCEMENT : 18 - 12 - 201 8 !' / O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER: THESE ARE APPEALS FILES BY THE REVENUE AGAINST T HE COMMON ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-1 9, CHENNAI IN ITA NOS.36 TO 40/15-16 DATED 19.09.2017 FOR ASSESSMENT YEARS 2006-07 TO SHRI SUMTHI CHALLANI :- 2 -: 2009-10 AND CORRESPONDINGLY, THE ASSESSEE FILED CRO SS OBJECTIONS AGAINST THE ORDER OF LD.CIT(A), & ITA NO.801/CHNY/ 2018 IS THE APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF LD.CIT(A) -19, CHENNAI IN ITA NO.8/16-17 DATED 07.12.2017 FOR ASSESSMENT YEAR 201 2-13, INVOLVING IDENTICAL ISSUES, THEREFORE, THE APPEALS AND CROSS- OBJECTIONS ARE TAKEN UP TOGETHER FOR ADJUDICATION. 2. MR.N.VIJAY KUMAR REPRESENTED ON BEHALF OF THE REVENUE AND MR.HOMI RAJ VANSH, CIT, DR REPRESENTED ON BEHALF THE OF THE ASSESSEE. 3. WHEN THE APPEALS ARE TAKEN UP FOR HEARING, THE REPRESENTATIVE FOR THE REVENUE AND AUTHORISED REPRE SENTATIVE OF ASSESSEE VERY FAIRLY SUBMITTED THAT THE TAX EFFECT INVOLVED IN THESE APPEALS OF REVENUE IS LESS THAN ` 20 LAKHS. THE CBDT IN ITS LATEST CIRCULAR NO.3/2018 DATED 11.07.2018 INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE T AX EFFECT IS LESS THAN ` 20 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINIO N THAT THIS CIRCULAR OF CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN TH ESE SEVEN APPEALS. ACCORDINGLY, THE APPEALS FILED BY THE REVE NUE STAND DISMISSED. SHRI SUMTHI CHALLANI :- 3 -: 4. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LEA RNED COUNSEL THAT THE ASSESSEE WISHES TO WITHDRAW ALL CROSS OBJE CTIONS IN C.O NOS.18 TO 23/CHNY/2018 FOR ASSESSMENT YEARS 2007-08 & 2012-13. LD. D R HAS NO OBJECTION TO THE WITHDRAWAL OF ALL CROSS OBJECTIONS FILED BY THE ASSESSEE . AFTER HEARING BOTH PARTIES , ALL THE CROSS OBJECTIONS FILED BY THE ASSESSEE ARE PERMITTED TO BE WITHDRAWN . 5. IN THE RESULT, ALL THE APPEALS OF THE REVENUE A RE DISMISSED, AND ALL THE CROSS OBJECTIONS FILED BY THE ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSIO N OF HEARING ON 18 TH DECEMBER, 2018, AT CHENNAI. SD/ - SD/ - ( ) (S. JAYARAMAN) # !$ /ACCOUNTANT MEMBER ( ) (GEORGE MATHAN) % !$ / JUDICIAL MEMBER ) $ / CHENNAI * / DATED: 18 TH DECEMBER, 2018. K S SUNDARAM + !%,- . -% / COPY TO: 1 . / APPELLANT 3. # /% () / CIT(A) 5. -23 !%4 / DR 2. !' / RESPONDENT 4. # /% / CIT 6. 35 6$ / GF