DCIT Central Circle 2(2), CHENNAI V. Sastry Nuts & Plates Manufacturing Pvt. Ltd., CHENNAI

ITA 2813/CHNY/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 6599 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 1996-1997
• Appeal Filed On: 01-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SRI SHANMUGA PRIYA
• Assessee Lawyers: T VASUDEVAN
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . . . , . !', $ '% BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ ITA NOS.2812 & 2813/CHNY/2018 ' (' / ASSESSMENT YEARS : 1995-96 & 1996-97 THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI - 600 034. V. M/S SASTRY NUTS & PLATES MANUFACTURING PVT. LTD., NO.48, JAWAHARLAL NEHRU SALAI, EKKADUTHANGAL, CHENNAI - 600 097. PAN : AADCS 0812 N (*+/ APPELLANT) (,-*+/ RESPONDENT) *+ . / / APPELLANT BY : MS. SRI SHANMUGA PRIYA, JCIT ,-*+ . / / RESPONDENT BY : SHRI T. VASUDEVAN, ADVOCATE 0 . 1$ / DATE OF HEARING : 25.09.2019 23( . 1$ / DATE OF PRONOUNCEMENT : 17.10.2019 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : BOTH THE APPEALS OF THE REVENUE ARE DIRECTED AGA INST THE RESPECTIVE ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS)-18, CHENNAI, DATED 28.06.2018 AND PERTAIN TO ASSESSMENT YEARS 1995- 96 AND 1996-97. 2 I.T.A. NOS.2812 & 2813/CHNY/18 2. ON HEARING THE LD. DEPARTMENTAL REPRESENTATIVE, WE FIND THAT THE TAX EFFECT IN THIS CASE IS LESS THAN ` 50 LAKHS. THE CBDT IN ITS CIRCULAR NO.17/2019 DATED 08.08.2019 INCREASED THE MONETARY LIMIT FOR FILING APPEAL BEFORE THIS TRIBUNAL AND IN STRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WH ERE THE TAX EFFECT IS LESS THAN ` 50 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIRCULAR OF CBDT IS BINDING ON TH E OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN THESE APPEALS. ACCORDINGLY, BOTH THE APPEALS STAND DISMISSED. 3. IN THE RESULT, BOTH THE APPEALS FILED BY THE REV ENUE STAND DISMISSED. ORDER PRONOUNCED IN THE COURT ON 17 TH OCTOBER, 2019 AT CHENNAI. SD/- SD/- (. !') ( . . . ) (S. JAYARAMAN) (N.R.S. GANESAN) $ / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 5 /DATED, THE 17 TH OCTOBER, 2019. KRI. 3 I.T.A. NOS.2812 & 2813/CHNY/18 . ,167 87(1 /COPY TO: 1. *+/ APPELLANT 2. ,-*+/ RESPONDENT 3. 0 91 () /CIT(A)-18, CHENNAI 4. PRINCIPAL CIT, CENTRAL-2, CHENNAI 5. 7: ,1 /DR 6. ;' < /GF.