ACIT, CHENNAI V. M/s. SNJ Breweries (P) Ltd., CHENNAI

ITA 2709/CHNY/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 7946 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2017
• Appeal Filed By: Department
• Bench Allotted: B
• Next Hearing Date: 31-01-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 19-09-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: K.N.DHANDAPANI
• Keywords: Tax effect
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92

Judgement Text

, B/ SMC , IN THE INCOME TAX APPELLATE TRIBUNAL B /SMC BENCH, CHENNAI . , BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ./ I.T.A.NO.2709 /MDS./2016 ( / ASSESSMENT YEAR :2010-11) THE ACIT, CENTRAL CIRCLE -2(1), INVESTIGATION WING, CHENNAI -34. VS. M/S.SNJ BREWERIES (P) LTD., 99, CANAL BANK ROAD, CIT NAGAR, NANDHANAM,CHENNAI -35. PAN AANCS 2463 D ( / APPELLANT ) ( / RESPONDENT ) ! ' # / APPELLANT BY : MR.K.N.DHANDAPANI,JCIT, D.R $% ! ' # / RESPONDENT BY : MR.MRS.S.VIDYA,FCA & ' ' ( ) / DATE OF HEARING : 31.01.2017 *+ ' ( ) /DATE OF PRONOUNCEMENT : 02.02.2017 / O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: THIS APPEAL IS FILED BY THE REVENUE, AGGRIEVED BY TH E ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX(A)-18, CHENNAI DATED 30.06.2016 PERTAINING TO ASSESSMENT YEAR 2010-11. 2. ON HEARING THE LD. DEPARTMENTAL REPRESENTATIVE, SHR I K.N.DHANDAPANI,JCIT, D.R , WE FIND THAT THE TAX EFFECT IN THIS APPEAL IS ITA NO. 2709/MDS/2016 2 LESS THAN ` 10 LAKHS. THE CBDT IN CIRCULAR NO.21/2015 DATED 1 0.12.2015 INCREASED THE MONETARY LIMIT FOR FILING APPEAL BEFO RE THIS TRIBUNAL FROM ` 4 LAKHS TO ` 10 LAKHS. THE CBDT FURTHER CLARIFIED THAT THE INST RUCTION DATED 10.12.2015 WILL APPLY RETROSPECTIVELY TO ALL THE PEN DING APPEALS BEFORE THIS TRIBUNAL. THE CBDT HAS ALSO INSTRUCTED ITS OFFICERS T O WITHDRAW THE APPEALS PENDING BEFORE THIS TRIBUNAL. IN VIEW OF THE ABOVE, THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THE CIRCULAR ISSUED BY THE CBDT ON 10.12.2015 IS BINDING ON THE DEPARTMENT. THEREFORE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. ACCORDINGLY, THE APPEAL OF THE REVENUE IS DISMISSED. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISS ED. ORDER PRONOUNCED ON 02 ND FEBRUARY, 2017 AT CHENNAI. SD/- ( ) ( CHANDRA POOJARI ) /ACCOUNTANT MEMBER CHENNAI, DATED THE 02 ND FEBRUARY, 2017. K S SUNDARAM. , ' $(-. /.( / COPY TO: 1 . ! / APPELLANT 3. & 0( () / CIT(A) 5. .3 4 $(5 / DR 2. $% ! / RESPONDENT 4. & 0( / CIT 6. 4 6 7 ' / GF