ITO Company Ward 5(4), CHENNAI V. Rajam Industries Pvt. Ltd., CHENNAI

ITA 2791/CHNY/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3188 (ITAT-CHENNAI)
• Duration Of Justice: 9 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 20-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, C BENCH : CHENNAI . , ! ' # ' $ . %& , ( * + [BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBE R AND SHRI DUVVURU RL REDDY , JUDICIAL MEMBER ] ./I.T.A. NO.2791/CHNY/2017. / ASSESSMENT YEAR : 2010-2011. INCOME TAX OFFICER, COMPANY WARD 5(4) CHENNAI 600 034. VS. M/S. RAJAM INDUSTRIES PVT LTD, NO.1/146, MOUNT POONAMALLEE ROAD, KATTUPAKKAM, CHENNAI 600 056. [PAN AABCR 2755H ] ( ,- / APPELLANT) ( ./,- /RESPONDENT) / APPELLANT BY : SHRI. CLEMENT RAMESH KUMAR, ADDL. CIT. /RESPONDENT BY : SHRI. KAUSHIK, ADVOCATE. /DATE OF HEARING : 20-08-2018 ! /DATE OF PRONOUNCEMENT : 21-08-2018 0 / O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST A N ORDER DATED 30.08.2017 OF THE COMMISSIONER OF INCOME-TAX (APPE ALS)-3, CHENNAI. 2. LD. COUNSEL FOR THE ASSESSEE POINTED OUT THE TAX EF FECT IN THIS CASE WAS LESS THAN C20,00,000/- AND HENCE AN APPEA L WOULD NOT LIE ITA NO.2791/2017 :- 2 -: BEFORE THIS TRIBUNAL BY VIRTUE OF CBDT CIRCULAR NO. 3/2018, DATED 11.07.2018. 3. PER CONTRA, LD. DEPARTMENTAL REPRESENTATIVE FAIRL Y AGREED THAT THE TAX EFFECT WAS LESS THAN C20,00,000/- AND BY VIRTUE OF PARA 13 OF THE CIRCULAR MENTIONED (SUPRA) PENDING APPEALS BEFORE THE SPECIFIC TAX LIMIT HAD TO BE WITHDRAWN/NOT PRESSED. 4. WE HAVE CONSIDERED THE RIVAL CONTENTIONS AND PERUSE D THE ORDERS OF THE AUTHORITIES BELOW. CONSIDERING THE SU BMISSIONS OF THE LD. AUTHORISED REPRESENTATIVE AND THE TAX EFFECT IN T HIS APPEAL WHICH IS LESS THAN C20,00,000/-, APPEAL OF THE REVENUE CANNOT SU RVIVE. 5. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DIS MISSED. ORDER PRONOUNCED ON TUESDAY, THE 21ST DAY OF AUG UST, 2018, AT CHENNAI. SD/- SD/- ( ' # ' $ . %& ) ( DUVVURU RL REDDY ) ( / JUDICIAL MEMBER ( . ) (ABRAHAM P. GEORGE) / ACCOUNTANT MEMBER '# / CHENNAI $% / DATED: 21ST AUGUST, 2018. KV %& '()( / COPY TO: 1 . / APPELLANT 3. *+, / CIT(A) 5. (-. / / DR 2. / RESPONDENT 4. * / CIT 6. .01 / GF