ACIT, Coimbatore V. Sakthi Auto Component Limited, Coimbatore

ITA 2916/CHNY/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 7627 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 29-03-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 27-11-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A B KOLI
• Assessee Lawyers: R VIJAYARAGHAVAN
• Keywords: Reasonable cause; Tax effect
• Section: 143(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B B ENCH, CHENNAI . . . , . , & BEFORE SHRI N.R.S.GANESAN, JUDICIAL MEMBER AND SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ ITA NO.2916/MDS/2014 ( / ASSESSMENT YEAR: 2010-11) THE ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-1, 64,RACE COURSE ROAD, COIMBATORE. VS M/S. SAKTHI AUTO COMPONENT LTD., 180, RACE COURSE ROAD, COIMBATORE-641 018. PAN: AAECS6536J ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. A.B.KOLI, JCIT /RESPONDENT BY : MR. R.VIJAYARAGHAVAN, ADVOCATE /DATE OF HEARING : 29 TH MARCH, 2016 /DATE OF PRONOUNCEMENT : 30 TH MARCH, 2016 / O R D E R PER A. MOHAN ALANKAMONY, AM:- THIS APPEAL IS FILED BY THE REVENUE AGGRIEVED BY THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (AP PEALS)- I, COIMBATORE DATED 01.08.2014 IN ITA NO.277/13-14 PASSED UNDER SECTION 143(3) R.W.S 250 OF THE ACT. 2. THE APPEAL FILED BY THE REVENUE IS BARRED BY LIM ITATION OF 25 DAYS. THE REVENUE HAS FILED AN AFFIDAVIT EXP LAINING THE REASON FOR THE DELAY IN FILING THE APPEAL BY STATIN G THAT THE ORDER WAS AWAITED ON THE MISCELLANEOUS PETITION FIL ED BY THE REVENUE BEFORE THE CIT (A) COIMBATORE. IT WAS THERE FORE PLEADED THAT THE DELAY MAY BE CONDONED. CONSIDERIN G THE 2 ITA NO.2916/MDS/2014 SUBMISSIONS OF THE REVENUE, WE ARE SATISFIED THAT T HERE WAS REASONABLE CAUSE FOR THE DELAY IN FILING THE APPEAL . HENCE IN THE INTEREST OF JUSTICE, WE HEREBY CONDONE THE DELA Y IN FILING OF THE APPEAL AND ADMIT THE SAME. 3. HOWEVER ON HEARING THE LEARNED DEPARTMENTAL REPRESENTATIVE, WE FIND THAT THE TAX EFFECT IN THE APPEAL IS LESS THAN ` 10 LAKHS. THE CBDT IN ITS CIRCULAR NO.21/2015 DATED 10.12.2015 HAS INSTRUCTED ITS OFFICERS TO WIT HDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE TAX E FFECT IS LESS THAN ` 10 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THE CIRCULAR OF THE CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN THE APPEAL. ACCORDINGLY, THE AP PEAL STANDS DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 30 TH MARCH, 2016 SD/- SD/- ( . . . ) ( . ) (N.R.S.GANESAN) ( A.MOHAN A LANKAMONY ) # % / JUDICIAL MEMBER % / ACCOUNTANT MEMBER # /CHENNAI, ( /DATED 30 TH MARCH, 2016 3 ITA NO.2916/MDS/2014 SOMU *+ ,+ /COPY TO: 1. APPELLANT 2. RESPONDENT 3. - () /CIT(A) 4. - /CIT 5. + 1 /DR 6. /GF