ACIT Circle 1, Trichy V. R.Nandakumar, CHENNAI

ITA 2769/CHNY/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2365 (ITAT-CHENNAI)
• Duration Of Justice: 11 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 17-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D KUMUTHA
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B BENCH, CHENNAI . . . , . , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ I.T.A.NO.2769/CHNY/2017 ( / ASSESSMENT YEAR: 2011-12) THE ACIT, CIRCLE -1, TRICHY. VS SHRI R. NANDAKUMAR, NO.36, ABM AVENUE, RA PURAM, CHENNAI 600 028. PAN: ABOPN0668E ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI D. KUMUTHA, JCIT / RESPONDENT BY : NONE /DATE OF HEARING : 30.10.2018 /DATE OF PRONOUNCEMENT : 30.10.2018 / O R D E R PER A. MOHAN ALANKAMONY, AM:- THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX(APPEALS)-1, TIRUCHIRAPALLI, DATED 31.08.2017 IN ITA NO.235/2014-15/CIT(A)-1/TRICHY FOR THE ASSESSMENT YEAR 2011-12 PASSED U/S. 250(6) R.W.S. 271(1)(C) OF THE ACT. 2. AT THE TIME OF HEARING NONE APPEARED ON BEHALF OF THE ASSESSEE, HOWEVER ON PERUSING THE APPEAL IT WAS OBSERVED THAT THE APPEAL IS NOT MAINTAINABLE SINCE THE TAX EFFECT IS BELOW RS.20 LAKHS. THE LD.DR HAS ALSO FILED A LETTER NO. C.NO.JUDL/PR.CIT/TRY-1/TRY/2018-19 DATED 2 ITA NO.2769/CHNY /2017 25.09.2018 STATING THE TAX EFFECT IN THE CASE OF THE ASSESSEE IS BELOW THE PRESCRIBED MONETARY LIMIT. 3. T HE CBDT IN ITS LATEST CIRCULAR NO.3/2018 DATED 11.07.2018 HAD FIXED THE MONETARY TAX EFFECT AS RS.20 LAKHS FOR FILING APPEAL BEFORE THE TRIBUNAL . FURTHER THE LD.DR HAS ADMITTED THAT THE TAX EFFECT IN THE ABOVE APPEAL IS BELOW RS.20 LAKHS. HENCE DUE TO THE INSTRUCTIONS ISSUED BY THE CBDT VIDE ITS CIRCULAR MENTIONED HEREIN ABOVE, WE HEREBY HOLD THAT THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND ACCORDINGLY THE APPEAL OF THE REVENUE IS DISMISSED. 4. IN THE RESULT THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 30 TH OCTOBER, 2018 AT CHENNAI. SD/- SD/- /CHENNAI, /DATED 30 TH OCTOBER, 2018 RSR /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( ) /CIT(A) 4. /CIT 5. /DR 6. /GF ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( . ) (A. MOHAN ALANKAMONY) / ACCOUNTANT MEMBER