ACIT Central Circle 3(4), CHENNAI V. Saravana Global Holdings Ltd., CHENNAI

ITA 2690/CHNY/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8949 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 19-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, C , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: CHENNAI , .. , BEFORE SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER AND SHRI DUVVURU R.L.REDDY, JUDICIAL MEMBER ./ ITA NOS.2690/CHNY/2018 /ASSESSMENT YEARS: 2008-09 THE ASSISTANT COMMISSIONER OF INCOME- TAX, CENTRAL CIRCLE 3(4) , 46, NUNGAMBAKKAM HIGH ROAD, CHENNAI-600034 / V. SARAVANA GLOBAL HOLDINGS LIMITED NO. 15, NEW GIRI ROAD, T. NAGAR, CHENNAI- 600017 ' ./ PAN : AASCS5545H REVENUE BY : MR. A.R.V. SREENIVASAN, JCIT ASSESSEE BY : NONE & / DATE OF HEARING : 01.10.2019 & /DATE OF PRONOUNCEMENT : 01.10.2019 / O R D E R PER RAMIT KOCHAR, ACCOUNTANT MEMBER: THIS APPEAL FILED BY REVENUE IS DISPOSED OF BECAUSE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.50 LACS AS PER CBDT CIRCULAR NO.17/2019 (F.NO. 279/MISC.142/2007-ITJ (PT) ) DATE D 08 TH AUGUST, I.T.A. NOS.2690/CHNY/2018 2 2019 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, DEPA RTMENT 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. 2. THE LD. DR AT THE OUTSET SUBMITTED THAT TAX EFFE CT INVOLVED IN THIS APPEAL FILED BY REVENUE IS LESS THAN RS.50 LAC S AND THIS APPEAL IS COVERED BY CBDT CIRCULAR NO.17/2019 DATED 08.08 .2019 BEING A LOW TAX EFFECT APPEAL FILED BY THE REVENUE. IT IS A LSO EXPLAINED BY LEARNED DR THAT THIS APPEAL FILED BY REVENUE IS ALS O NOT HIT BY ANY OF THE EXCEPTIONS CARVED OUT IN AFORESAID CBDT CIRC ULAR. NONE APPEARED ON BEHALF OF THE ASSESSEE WHEN THE APPEAL WAS CALLED FOR HEARING BEFORE THE BENCH AND AN APPLICATION FOR AD JOURNMENT IS MOVED BY COUNSELS FOR THE ASSESSEE REQUESTING FOR A DJOURNMENT CITING THAT THE COUNSEL WHO HAS TO ARGUE THE CASE I S OUT OF INDIA FOR SOME PERSONAL WORK . THE SAID ADJOURNMENT APPLICATI ON IS PLACED ON RECORD AND IT STAND REJECTED BECAUSE IS AN REVENUE S APPEAL WHO HAS SOUGHT TO WITHDRAW THE APPEAL ON THE GROUND THA T IT IS AN LOW TAX EFFECT APPEAL COVERED BY CBDT CIRCULAR DATED 08 .08.2019 AND NO PREJUDICE IS LIKELY TO BE CAUSED TO ASSESSEE BY DIS MISSAL OF THIS APPEAL EVEN IN THE ABSENCE OF THE COUNSELS FOR THE ASSESSEE. 3. THE TAX EFFECT IN THIS APPEAL FILED BY REVENUE I S UNDISPUTEDLY BELOW RS.50 LACS AND THUS KEEPING IN VIEW CBDT CIRC ULAR NO.17/2019 (F.NO.279/MISC.142/2007-ITJ (PT)) DATED 08 TH AUGUST, 2019 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, DEPA RTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, AMENDING PARA NO.3 AND 5 OF THE CBDT CIRCULAR NO.3 OF 2018 DATED 1107.2018 AND ITS SUBSEQUENT AMENDMENT DATED 20.08.2018, WE ARE I NCLINED TO DISMISS THIS APPEAL FILED BY REVENUE DUE TO LOW TAX EFFECT INVOLVED IN THIS APPEAL WHICH IS BELOW RS.50 LACS. WHILE DIS POSING OF THIS APPEAL FILED BY REVENUE DUE TO LOW TAX EFFECT VIDE AFORESAID CBDT CIRCULAR NO.17/2019 DATED 08.08.2019, WE CLARIFY TH AT WE HAVE NOT I.T.A. NOS.2690/CHNY/2018 3 COMMENTED ON THE MERITS OF THE ISSUE IN THIS APPEAL . HOWEVER, AT THE SAME TIME WE ARE GRANTING LIBERTY TO REVENUE TH AT IF AT ANY STAGE REVENUE WANTS TO AGITATE THE MATTER/ISSUE IN THIS APPEAL IN ACCORDANCE WITH THE CLAUSES/EXCEPTIONS AS ARE CONTA INED 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 MO DIFIED ON 20.08.2018, THE REVENUE IS HEREBY GRANTED LIBERTY T O FILE MISCELLANEOUS APPLICATION PRAYING FOR RECALL OF THI S ORDER. WE ORDER ACCORDINGLY. 4. IN THE RESULT, THIS APPEAL FILED BY REVENUE STA ND DISMISSED OWING TO LOW TAX EFFECT AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 01.10.2019. & * + 01.10.2019 & SD/- SD/- ( . / .. 2 ) (DUVVURU R.L.REDDY) ' /JUDICIAL MEMBER ( ) (RAMIT KOCHAR) ' /ACCOUNTANT MEMBER /CHENNAI, + /DATED: 01 ST OCTOBER, 2019. TLN & 45 65 /COPY TO: 1. 7 /APPELLANT 4. 8 /CIT 2. 497 /RESPONDENT 5. 5 4 /DR 3. 8 ( ) /CIT(A) 6. /GF