DCIT, CHENNAI V. Bagwan Cybertek P. Ltd., CHENNAI

ITA 2858/CHNY/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2831 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 6 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-05-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 21-04-2021
• Assessment Year: 2005-2006
• Appeal Filed On: 14-10-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G JOHNSON
• Assessee Lawyers: P RANGA RAMANUJAM
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: CHENNAI . . , . , BEFORE SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ ITA NOS.2858 TO 2860/CHNY/2019 /ASSESSMENT YEARS: 2005-06 TO 2007-08 THE DY. COMMISSIONER OF- INCOME TAX, CORPORATE CIRCLE-1(2), CHENNAI-600 034. VS. M/S.BAHWAN CYBERTEK PVT. LTD., 148, BAHWAN CYBERTEK IT PARK, RAJIV GANDHI SALAI (OMR), OKKIYAM, THORAIPAKKAM, CHENNAI-600 097. [PAN: AABCB 2020 P ] ( ' /APPELLANT) ( #$' /RESPONDENT) DEPARTMENT BY : MR.G. JOHNSON, ADDL.CIT ASSESSEE BY : MR.P. RANGA RAMANUJAM, CA /DATE OF HEARING : 21.04.2021 /DATE OF PRONOUNCEMENT : 04.05.2021 / O R D E R PER DUVVURU R.L.REDDY, JUDICIAL MEMBER: THESE APPEALS FILED BY THE REVENUE ARE DIRECTED AG AINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-4, CHENNAI , IN ITA NOS.3/07- 08, 176 & 157/17-18/CIT(A)-4 DATED 14.08.2019 FOR T HE AYS 2005-06 TO 2007-08. 2. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT IN THESE APPEALS FILE D BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF 50,00,000/- FIXED BY TH E CBDT TO FILE APPEALS BY THE REVENUE BEFORE THE TRIBUNAL AS PER THE CBDT CIRCULAR NO.17/2019, ::2:: ITA NOS.2858-2860/CHNY/2019 DATED 08.08.2019. THE LD. DR FAIRLY CONCEDED THE SU BMISSIONS MADE BY THE LD. COUNSEL FOR THE ASSESSEE. BEING SO, THE REV ENUE AUTHORITIES ARE PRECLUDED FROM FILING THE APPEALS BEFORE THE TRIBUN AL, SINCE THE TAX EFFECT IS LESS THAN 50,00,000/- IN THESE APPEALS AND THE APPEALS FILED BY THE REVENUE ARE LIABLE TO BE DISMISSED. ACCORDINGLY, TH E APPEALS FILED BY THE REVENUE ARE DISMISSED. HOWEVER, THE DEPARTMENT IS A T LIBERTY TO SEEK RECALL OF THE ABOVE ORDER SINCE, THE LD. DR WAS NOT SURE ABOUT AS TO WHETHER THE ISSUE RAISED IN THE APPEALS OF THE REVE NUE ARE NOT ARISING OUT OF RAP OBJECTION AS NO SPECIFIC GROUND WAS RAISED I N THE GROUNDS OF APPEALS. 3. IN THE RESULT, THE APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED ON THE 04 TH DAY OF MAY, 2021, IN CHENNAI. SD/- SD/- ( . ) (S. JAYARAMAN) / ACCOUNTANT MEMBER ( *+ . . , ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER /CHENNAI, /DATED: 04 TH MAY, 2021. TLN # - /COPY TO: 1. ' /APPELLANT 4. . /CIT 2. #$' /RESPONDENT 5. # /DR 3. . ( ) /CIT(A) 6. /GF