ACIT, Central Circle 2(2), Chennai V. Kodanad Estate, Nilgiris

ITA 299/CHNY/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6521 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 3 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2004-2005
• Appeal Filed On: 23-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR M SRINIVASA RAO
• Assessee Lawyers: T VASUDEVAN
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, CHENNAI . . . , ! ' # , % #& BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ./ ITA NOS.295, 296, 297, 298 & 299/CHNY/2018 ) *) / ASSESSMENT YEARS : 1999-2000, 2000-01, 2001-02, 2 003-04 & 2004-05 THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI - 600 034. V. M/S KODANAD ESTATE, KODANADU, KOTHAGIRI POST, NILGIRIS 643 217. PAN : AABFT 9733 C (,-/ APPELLANT) (./,-/ RESPONDENT) ,- 0 1 / APPELLANT BY : DR. M. SRINIVASA RAO, CIT ./,- 0 1 / RESPONDENT BY : SHRI T. VASUDEVAN, ADVOCATE 2 0 3% / DATE OF HEARING : 24.04.2019 45* 0 3% / DATE OF PRONOUNCEMENT : 24.04.2019 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THESE APPEALS OF THE REVENUE ARE DIRECTED AGAINST THE COMMON ORDER PASSED BY THE COMMISSIONER OF INCOME T AX (APPEALS)-18, CHENNAI, DATED 24.10.2017 AND PERTAIN TO ASSESSMENT YEARS 1999-2000, 2000-01, 2001-02, 2003- 04 AND 2004-05. THEREFORE, WE HEARD ALL THESE APPEALS TOG ETHER AND DISPOSING THE SAME BY THIS COMMON ORDER. 2 I.T.A. NOS.295 TO 299/CHNY/18 2. ON HEARING THE LD. DEPARTMENTAL REPRESENTATIVE, WE FIND THAT THE TAX EFFECT IN THESE CASES IS LESS THAN `2 0 LAKHS. THE CBDT IN ITS CIRCULAR NO.3/2018 DATED 11.07.2018 INSTRUCT ED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WH ERE THE TAX EFFECT IS LESS THAN `2 0 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIRCULAR OF CBDT IS BINDING ON TH E OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN THESE APPEALS. ACCORDINGLY, THESE APPEALS STAND DI SMISSED. 3. IN THE RESULT, ALL THE APPEALS OF THE REVENUE ST AND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSI ON OF HEARING ON 24 TH APRIL, 2019 AT CHENNAI. SD/- SD/- ( ! ' # ) ( . . . ) (INTURI RAMA RAO) (N.R.S. GANESAN) % / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 7 /DATED, THE 24 TH APRIL, 2019. KRI. 3 I.T.A. NOS.295 TO 299/CHNY/18 0 .389 :9*3 /COPY TO: 1. ,- /APPELLANT 2. ./,- /RESPONDENT 3. 2 ;3 () /CIT(A)-18, CHENNAI-34 4. PRINCIPAL CIT, CENTRAL-2, CHENNAI 5. 9< .3 /DR 6. ) = /GF.