ACIT NON CORP. CIRCLE 2, COIMBATORE V. VIJAYARAJA & CO., COIMBATORE

ITA 2990/CHNY/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7126 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 10 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-08-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 31-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: K RAGHU
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME-TAX APPELLATE TRIBUNAL A BENCH, CHENNAI . , , BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER & SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ I.T.A. NO. 2990/CHNY/2018 / ASSESSMENT YEAR : 2010-11 THE ASSISTANT COMMISSIONER OF INCOME TAX, NON CORPORATE CIRCLE 2, COIMBATORE. VS. M/S. VIJAYARAJA & CO, 120, SENGUPTHA STREET, RAMNAGAR, COIMBATORE 641 009. [PAN: AACFV1532G] ( /APPELLANT ) ( / RESPONDENT ) / APPELLANT BY : SHRI AR. V. SREENIVASAN, ADDL. CIT / RESPONDENT BY : SHRI K. RAGHU, CA / DATE OF HEARING : 29.07.2020 /DATE OF PRONOUNCEMENT : 31.08.2020 / O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-2, COIMBATORE DATED 02.08.2018 RELEVANT TO THE ASSESSMENT YEAR 2010-11. 2. AT THE TIME OF HEARING THROUGH VIDEO CONFERENCING, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT IN THE APPEAL 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 CONCEDED THE I.T.A. NO.2990/CHNY/18 2 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 APPEAL FILED BY THE REVENUE IS LIABLE TO BE DISMISSED. 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 APPEAL OF THE REVENUE WAS NOT ARISING OUT OF RAP OBJECTION AS NO SPECIFIC GROUND WAS RAISED IN THE GROUNDS OF APPEAL. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON THE 31 ST AUGUST, 2020 AT CHENNAI. SD/- SD/- (S. JAYARAMAN) ACCOUNTANT MEMBER (DUVVURU RL REDDY) JUDICIAL MEMBER CHENNAI, DATED, THE 31.08.2020 VM/- /COPY TO: 1. / APPELLANT, 2. / RESPONDENT, 3. ( ) /CIT(A), 4. /CIT, 5. /DR & 6. /GF.