DCIT CORPORATE CIRCLE-3(1), CHENNAI V. TEXX ONE P.LTD, Chennai

ITA 2641/CHNY/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 3943 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 16-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: G BASKARADV
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI , # $ .. & , ) * BEFORE SHRI RAMIT KOCHAR, ACCOUNTANT MEMBERAND SHRI DUVVURU R.L.REDDY , JUDICIAL MEMBER ./ ITA NO. 2641/CHNY/2019 )++ /ASSESSMENT YEARS: 2014-15 THE DEPUTY COMMISSIONER OF INCOME-TAX, CORPORATE CIRCLE-3(1) , NEW BLOCK, ROOM NO. 411, 4 TH FLOOR, MAHATMA GANDHI ROAD, NUNGAMBAKKAM CHENNAI-600034 / V. TEXX ONE PRIVATE LIMITED, NO. 26, VANDALUR- KELAMBAKKAM ROAD, MAMBAKKAM, CHENNAI-600048 ./ PAN: AAACT5589Q REVENUE BY : MR. GURU BASHYAM, ADDL. CIT ASSESSEE BY : MR.G.BASKAR,ADV. . / DATE OF HEARING : 28.11.2019 . /DATE OF PRONOUNCEMENT : 28.11.2019 / O R D E R PER RAMIT KOCHAR, ACCOUNTANT MEMBER: THIS APPEAL FILED BY REVENUE IS DISPOSED OF BECAUS E TAX EFFECT IS LESS THAN RS.50 LACS IN THIS APPEAL AS PER CBDT CIRCULAR NO.17/2019 (F.NO. 279/MISC.142/2007-ITJ (PT)) DATED 08 TH AUGUST, 2019 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINIS TRY OF FINANCE, GOVERNMENT OF INDIA,AMENDING PARA NO.3 AND 5 OF THE CBDT CIRCULAR NO.3 I.T.A. NO. 2641 /CHNY/2019 2 OF 2018 DATED 11.07.2018 AND ITS SUBSEQUENT AMENDME NT DATED 20.08.2018. 2. THE LD. DR AT THE OUTSET SUBMITTED THAT TAX EFFE CT INVOLVED IN THIS APPEALS FILED BY REVENUE IS LESS THAN RS.50 LACS AN D THE APPEALS IS COVERED BY CBDT CIRCULAR NO.17/2019 DATED 08.08.201 9 BEING A LOW TAX EFFECT APPEALS FILED BY REVENUE. IT IS ALSO EXPLAIN ED BY LEARNED DR THAT THIS APPEAL FILED BY REVENUE IS ALSO NOT HIT BY AN Y OF EXCEPTIONS CARVED OUT IN AFORESAID CBDT CIRCULAR. THE LEARNED COUNSE L FOR ASSESSEE STATED BEFORE THE BENCH THAT THIS APPEAL FILED BY REVENUE IS LOW TAX EFFECT AND HENCE IS REQUIRED TO BE DISMISSED AS COVERED BY AFO RESAID CBDT CIRCULAR. 3. THE TAX EFFECT INTHIS APPEAL FILED BY REVENUEIS UNDISPUTEDLY BELOW RS.50 LACS THIS APPEAL FILED BY REVENUE AND THUS KE EPING IN VIEW CBDT CIRCULAR NO.17/2019 (F.NO.279/MISC.142/2007-ITJ (PT )) DATED 08 TH AUGUST, 2019 ISSUED BY CENTRAL BOARD OF DIRECT TAX ES, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, AMENDING PARA NO.3 AND 5 OF THE CBDT CIRCULAR NO.3 OF 2018 DATED 11.07 .2018 AND ITS SUBSEQUENT AMENDMENT DATED 20.08.2018, WE ARE INCLI NED TO DISMISS THIS APPEAL FILED BY REVENUE DUE TO LOW TAX EFFECT INVOLVED INTHIS APPEAL WHICH IS BELOW RS.50 LACS. WHILE DISPOSING OF THIS APPEAL FILED BY REVENUE DUE TO LOW TAX EFFECT VIDE AFORESAID CBDT CIRCULAR NO.17/2019 DATED 08.08.2019, WE CLARIFY THAT WE HAVE NOT COMMENTED O N MERITS OF THE ISSUE(S) IN THIS APPEAL. HOWEVER, AT THE SAME TIME WE ARE GRANTING LIBERTY TO REVENUE THAT IF AT ANY STAGE REVENUE WANTS TO AG ITATE THE MATTER/ISSUE(S) IN THIS APPEAL IN ACCORDANCE WITH T HE CLAUSES/EXCEPTIONS AS ARE CONTAINED IN THE AFORE-STATED CBDT CIRCULAR NUMBER 17/2019 DATED 08.08.2018 READ WITH CBDT CIRCULAR NO 3/2018 DATED 11.07.2018 AS MODIFIED ON 20.08.2018, THE REVENUE IS HEREBY GRANT ED LIBERTY TO FILE MISCELLANEOUS APPLICATION PRAYING FOR RECALL OF THI S ORDER ACCORDINGLY. WE ORDER ACCORDINGLY. I.T.A. NO. 2641 /CHNY/2019 3 4. IN RESULT, THE APPEAL FILED BY REVENUE IN ITA NO. 2641/CHNY/2019 FOR AY: 2014-15 STAND DISMISSED OWING TO LOW TAX EFFECT AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 28.11.2019. . 1 2 28.11.2019 . SD/- SD/- ( # $ . . & ) (DUVVURU R.L.REDDY) ) /JUDICIAL MEMBER ( ) (RAMIT KOCHAR) /ACCOUNTANT MEMBER /CHENNAI, 2/DATED: 28 TH NOVEMBER, 2019. TLN . M)N ON /COPY TO: 1. P /APPELLANT 4. U /CIT 2. MWP /RESPONDENT 5. N M)) /DR 3. U ( ) /CIT(A) 6. + /GF