ITO EXEMPTION WARD 4, CHENNAI V. THE FEDERATION OF MOTOR SPORTS CLUB OF INDIA, CHENNAI

ITA 2933/CHNY/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3061 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-10-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 17-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: T N SEETHARAMAN
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME-TAX APPELLATE TRIBUNAL A BENCH, CHENNAI . , . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./ I.T.A. NOS.2932, 2933, 2934 & 2935/CHNY/2018 / ASSESSMENT YEARS: 2005-06, 2006-07, 2008-09 & 2010-11 THE INCOME TAX OFFICER, EXEMPTION WARD-4, 121, M.G. ROAD, NUNGAMBAKKAM, CHENNAI. VS. M/S. THE FEDERATION OF MOTOR SPORTS CLUBS OF INDIA, NO.50, SARDAR PATEL ROAD, TARAMANI, CHENNAI-113. [PAN : AAACT 7983 Q ] ( / APPELLANT) ( / RESPONDENT) DEPARTMENT BY : SHRI A.R.V.SREENIVASAN, ADDL. CIT ASSESSEE BY : SHRI T.N.SEETHARAMAN, ADVOCATE /DATE OF HEARING : 28.10.2020 / DATE OF PRONOUNCEMENT : 28.10.2020 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: THESE FOUR APPEALS FILED BY THE REVENUE ARE DIRECTED AGAINST THE COMMON ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-17, CHENNAI, DATED 02.07.2018 FOR THE ASSESSMENT YEARS 2005-06, 2006-07, 2008-09 & 2010-11 RESPECTIVELY. 2. AT THE TIME OF HEARING THROUGH VIDEO CONFERENCING, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT IN ALL THE APPEALS FILED BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF .50,00,000/- FIXED BY THE CBDT TO FILE AN APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AS PER THE CBDT CIRCULAR NO. 17/2019, DATED 08.08.2019. THE LD. DR FAIRLY ITA NOS.2932-2935/C/2018 2 CONCEDED THE SUBMISSIONS MADE BY THE LD. COUNSEL FOR THE ASSESSEE. BEING SO, THE REVENUE AUTHORITIES ARE PRECLUDED FROM FILING THE APPEAL BEFORE THE TRIBUNAL, SINCE THE TAX EFFECT IS LESS THAN .50,00,000/- IN THE APPEAL AND THUS, THE APPEALS FILED BY THE REVENUE ARE LIABLE TO BE DISMISSED. ACCORDINGLY, ALL THE APPEALS FILED BY THE REVENUE ARE DISMISSED. HOWEVER, THE DEPARTMENT IS AT 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 REVENUE ARE NOT ARISING OUT OF RAP OBJECTION AS NO SPECIFIC GROUND WAS RAISED IN THE GROUNDS OF APPEAL. 4. IN THE RESULT, THE APPEALS OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH OCTOBER, 2020 AT CHENNAI. SD/- SD/- (G. MANJUNATHA) ACCOUNTANT MEMBER (V. DURGA RAO) JUDICIAL MEMBER CHENNAI, DATED 28.10.2020 VM/- /COPY TO: 1. / APPELLANT, 2. / RESPONDENT, 3. ( ) /CIT(A), 4. /CIT, 5. /DR & 6. /GF.