DCIT Corporate Circle 2(2), CHENNAI V. Indian Energy Private Ltd., CHENNAI

ITA 2902/CHNY/2017

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 8354 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 1 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 29-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: B RAMAKRISHNANC A
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : CHENNAI , . , BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER & SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ I.T.A.NO.2902/CHNY/2017 / ASSESSMENT YEAR : 2008-09 THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-2(2),ROOM NO.512, WANPARTHY BLOCK,CHENNAI 600 034. VS. M/S.INDIAN ENERGY PVT LTD ., 5/82, BLUE BEACH ROAD, NELLANKARAI, CHENNAI 600 041. [PAN AAACI 9897 A ] ( / APPELLANT) ( /RESPONDENT) ! ' # / APPELLANT BY : MR.B.SAGADEVAN,JCIT,D.R $% ! ' # /RESPONDENT BY : MR.B.RAMAKRISHNAN,C.A & ' ' () / DATE OF HEARING : 31 - 12 - 201 8 * ' () / DATE OF PRONOUNCEMENT : 31 - 12 - 201 8 / O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER THIS IS AN APPEAL FILED BY THE REVENUE AGAINST T HE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-6, CHENNAI IN ITA NO.95/CIT(A)-6/2010-11 DATED 26.09.2017 FOR TH E ASSESSMENT YEAR 2008-09. 2. MR.B.RAMAKRISHNAN REPRESENTED ON BEHALF OF THE ASSESSEE AND MR.B.SAGADEVAN REPRESENTED ON BEHALF OF THE REVENUE. ITA NO. 2902/CHNY/2017 :- 2 -: 3. WHEN THE APPEAL OF REVENUE IS TAKEN UP FOR HEAR ING, THE REPRESENTATIVE OF THE REVENUE AND THE COUNSEL FOR T HE ASSESSEE FAIRLY SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE APPEA L OF REVENUE IS LESS THAN ` 20 LAKHS. IT WAS A SUBMISSION THAT THE CBDT IN ITS LATEST CIRCULAR NO.3/2018 DATED 11.07.2018 INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE TAX EFFEC T IS LESS THAN ` 20 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION T HAT THIS CIRCULAR OF CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN THIS APPEAL. ACCO RDINGLY, THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSION OF HEARING ON 31 ST DECEMBER, 2018, AT CHENNAI. SD/ - SD/ - ( . ) (A.MOHAN ALANKAMONY) ! '# / ACCOUNTANT MEMBER ( ) (GEORGE MATHAN) $ '# / JUDICIAL MEMBER - ' / CHENNAI . / DATED: 31 ST DECEMBER, 2018. K S SUNDARAM / ' $(01 2 1( / COPY TO: 1 . ! / APPELLANT 3. & 3( () / CIT(A) 5. 145 $(6 / DR 2. $% ! / RESPONDENT 4. & 3( / CIT 6. 57 8' / GF