DCIT, CHENNAI V. Ambattur Clothing Ltd., CHENNAI

ITA 2762/CHNY/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 86325 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-03-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2006-2007
• Appeal Filed On: 07-11-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N MADHAVAN
• Assessee Lawyers: T BANUSEKAR
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, CHENNAI . , . ' #$ , % & BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI V. DURGA RAO, JUDICIAL MEMBER ./ ITA NO.2762/MDS/2014 % $ ($ / ASSESSMENT YEAR : 2006-07 THE DEPUTY COMMISSIONER OF INCOME TAX, COMPANY CIRCLE I(1), CHENNAI - 600 034. V. M/S AMBATTUR CLOTHING LTD., NO.86, E/2, INDUSTRIAL ESTATE, AMBATTUR, CHENNAI - 600 058. PAN : AAACA 4127 D (*+/ APPELLANT) (,-*+/ RESPONDENT) *+ . / / APPELLANT BY : SHRI N. MADHAVAN, JCIT ,-*+ . / / RESPONDENT BY : SHRI T. BANUSEKAR, CA ' . 0 / DATE OF HEARING : 24.02.2015 1( . 0 / DATE OF PRONOUNCEMENT: 05.03.2015 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAI NST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-I , CHENNAI, DATED 28.07.2014 RELEVANT TO THE ASSESSMENT YEAR 20 06-07. 2 I.T.A. NO. 2762/MDS/2014 2. AT THE TIME OF HEARING, THE LD. AR OF THE ASSESS EE HAS BROUGHT TO OUR NOTICE THAT THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE ON THE GROUND THAT THE APPEAL IS BELOW MONETARY LIMIT PRESCRIBED BY THE CBDT VIDE ITS INSTRUCTION NO.5/21 04 DATED 10 TH JULY, 2014. AS PER THE CALCULATION SHEET FILED BY THE ASSESSEE, THE TAX EFFECT IN THIS CASE IS ` 3,53,141/- ONLY. THIS FACT WAS NOT DISPUTED BY THE LD. D.R. THE LD. D.R. ONLY SUPPORTED THE OR DER PASSED BY THE A.O. 3. WE HAVE HEARD BOTH SIDES AND PERUSED THE RECORDS AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. IN THIS CASE, THE APPEAL WAS FILED BY THE DEPARTMENT BEFORE THE TRIBU NAL AFTER THE CIRCULAR ISSUED BY THE BOARD, I.E. ON 07.11.2014. AS PER THE BOARDS INSTRUCTION (SUPRA), THE MONETARY LIMIT PRESCRIBED TO PREFER AN APPEAL BEFORE ITAT IS OF ` 4,00,000/-. IN THE PRESENT APPEAL, THE TAX EFFECT IS LESS THAN THE MONETARY LIMIT PRESCRIBED BY THE CBDT . HENCE, WE FIND THAT THIS APPEAL FILED BY THE REVENUE IS NOT M AINTAINABLE. THUS, THE APPEAL OF THE REVENUE IS DISMISSED. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. 3 I.T.A. NO. 2762/MDS/2014 ORDER PRONOUNCED ON THURSDAY, THE 5 TH OF MARCH, 2015 AT CHENNAI. SD/- SD/- ( . ) ( . ' #$ ) (A. MOHAN ALANKAMONY) (V. DURGA RAO) /ACCOUNTANT MEMBER % /JUDICIAL MEMBER /CHENNAI, > /DATED, THE 5 TH MARCH, 2015. KRI. ? . ,%0@A BA(0 /COPY TO: 1. *+ /APPELLANT 2. ,-*+ /RESPONDENT 3. ' C0 () /CIT(A)-I, CHENNAI-34 4. ' C0 /CIT, CHENNAI-I, CHENNAI 5. A E# ,%0% /DR 6. #$ F /GF.