DCIT, CHENNAI V. M/s. Alto Enterprises Pvt. Ltd., CHENNAI

ITA 2859/CHNY/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 4962 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-04-2017
• Appeal Filed By: Department
• Bench Allotted: C
• Next Hearing Date: 22-03-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 03-10-2016
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTHJCIT
• Assessee Lawyers: K BALASUBR AMANIAN
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : CHENNAI , . !' BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI G.PAVAN KUMAR, JUDICIAL MEMBER ./ I.T.A.NO.2859/MDS./2016 / ASSESSMENT YEAR :2007-08 THE DCIT, CORPORATE CIRCLE-1(1), CHENNAI-34. VS. M/S.ALTO ENTERPRISES PVT LTD ., CRESENT PARK, T.NAGAR, CHENNAI 600 017. [PAN AAECA 7489 E ] ( #$ / APPELLANT) ( %&#$ /RESPONDENT) / APPELLANT BY : MR.A.V.SREEKANTH,JCIT, D.R /RESPONDENT BY : MR.K.BALASUBRAMANIAN,ADVOCATE / DATE OF HEARING : 22 - 03 - 201 7 !' / DATE OF PRONOUNCEMENT : 03 - 04 - 2017 ' / O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-1, CHENNAI DATED 18.07.201 PERTAINING TO ASSESSMENT YEAR 2007-08. 2. ON HEARING THE LD. DEPARTMENTAL REPRESENTATIVE, SHRI A.V.SREEKANTH, JCIT, D.R , WE FIND THAT THE TAX EFFECT IN THIS APPEAL IS ITA NO.2859 /MDS./2016 :- 2 -: LESS THAN ` 10 LAKHS. THE CBDT IN CIRCULAR NO.21/2015 DATED 10.12.2015 INCREASED THE MONETARY LIMIT FOR FILING APPEAL BEFORE THIS TRIBUNAL FROM ` 4 LAKHS TO ` 10 LAKHS. THE CBDT FURTHER CLARIFIED THAT THE INSTRUCTION DATED 10.12.2015 WILL APPLY RETROSP ECTIVELY TO ALL THE PENDING APPEALS BEFORE THIS TRIBUNAL. THE CBDT HAS ALSO INSTRUCTED ITS OFFICERS TO WITHDRAW THE APPEALS PENDING BEFORE THI S TRIBUNAL. IN VIEW OF THE ABOVE, THIS TRIBUNAL IS OF THE CONSIDERED OP INION THAT THE CIRCULAR ISSUED BY THE CBDT ON 10.12.2015 IS BINDIN G ON THE DEPARTMENT. THEREFORE, THIS APPEAL FILED BY THE RE VENUE IS NOT MAINTAINABLE. ACCORDINGLY, THE APPEAL OF THE REVEN UE IS DISMISSED. 2. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON 03 RD APRIL, 2017, AT CHENNAI. SD/ - SD/ - ( . ) ( G.PAVAN KUMAR ) / JUDICIAL MEMBER ( ) (CHANDRA POOJARI) / ACCOUNTANT MEMBER #$ / CHENNAI %& / DATED: 03 RD APRIL, 2017. K S SUNDARAM &'(()*( +* / COPY TO: ( 1 . / APPELLANT 3. ( ,(- . / CIT(A) 5. */0 (1 / DR 2. / RESPONDENT 4. ( , / CIT 6. 02(3 / GF