ITO, Ooty V. M/s. The Salisbury Industrial Co-op. Tea Factory Ltd., Gudalur

ITA 3005/CHNY/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 7665 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-02-2017
• Appeal Filed By: Department
• Bench Allotted: C
• Next Hearing Date: 20-02-2017
• Assessment Year: 2012-2013
• Appeal Filed On: 24-10-2016
• Court: TRIBUNAL
• Department Lawyers: N GOPI KRISHNA JT
• Assessee Lawyers: MRS SRI NIRANJANI
• Section: 143(3)

Judgement Text

, / , IN THE INCOME TAX APPELLATE TRIBUNAL BENCH C/SMC, CHENNAI , ! BEFORE SHRI SANJAY ARORA, ACCOUNTANT MEMBER ./ITA NO.3005/MDS/2016 ' # $%# / ASSESSMENT YEAR : 2012-13 INCOME TAX OFFICER, WARD 1, INCOME TAX OFFICE, OOTY. ( &' /APPELLANT) VS. THE SALISBURY INDUSTRIAL CO- OPERATIVE TEA FACTORY LTD., NO.IND NO.1186, 2 ND MILE, DEVERSHOIA ROAD, GUDALUR 643 212 THE NILGIRIS [PAN: AAAAT 3695F] ( ()&' /RESPONDENT) &' * + /APPELLANT BY : SHRI N.GOPI KRISHNA, JT. C IT ()&' * + /RESPONDENT BY : MRS. SRI NIRANJANI, ADVOC ATE , $ * - /DATE OF HEARING : 20.02.2017 .% * - /DATE OF PRONOUNCEMENT : 20.02.2017 /O R D E R PER SANJAY ARORA, AM : THIS IS AN APPEAL BY THE REVENUE AGITATING THE ORD ER BY THE COMMISSIONER OF INCOME TAX (APPEALS)-3, COIMBATORE (CIT(A) FOR SHORT) DATED 05.7.2016, ALLOWING THE ASSESSEES APPEAL CONTESTING ITS ASSE SSMENT U/S. 143(3) OF THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) FOR AS SESSMENT YEAR (AY) 2012- 13. 2 ITA NO.3005/MDS/2016 (AY 2012-13) ITO V. THE SALISBURY INDUSTRIAL CO-OPERATIVE TEA FACTORY LTD. 2. WE FIRSTLY OBSERVE THAT THE APPEAL IS DELAYED BY A PERIOD OF 15 DAYS. THE SAME IS HOWEVER ACCOMPANIED BY A CONDONATION PETITI ON BY THE REVENUE EXPLAINING THE DELAY - WORKED OUT AT 11 DAYS, IN TE RMS OF DELAYED RECEIPT OF THE FILE. WE FIND THE REASON AS SATISFACTORY AND, ACCOR DINGLY, CONDONE THE SAME. 3. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LD. AUTHORIZED REPRESENTATIVE (AR), THE ASSESSEES COUNSEL, THAT THE REVENUE APPE AL IS NOT MAINTAINABLE IN VIEW OF S. 268A OF THE ACT. DRAWING OUR ATTENTION T O PAGE 6 OF THE ASSESSMENT ORDER, SHE WOULD SUBMIT THAT THE ASSESSEE RETURNED NIL INCOME FOR THE YEAR, WHICH THOUGH CAME TO BE ASSESSED AT . 16.87 LACS, LIABLE TO TOTAL TAX THEREON AT . 5,18,140/-, SO THAT THE TAX LEVIED IN ASSESSMENT, WHICH IS THE SUBJECT MATTER OF APPEAL, IS THUS BELOW THE MINIMUM AMOUNT RS. 10 LAC S FOR WHICH THE REVENUE CAN AGITATE MATTERS BEFORE THE TRIBUNAL. THE LD. DE PARTMENTAL REPRESENTATIVE (DR), ON BEING QUESTIONED IN THIS REGARD, WOULD AGR EE WITH THE PRIMARY FACTS STATED BY THE LD. AR BEING CORRECT. 4. WE HAVE HEARD THE PARTIES AND PERUSED THE MATERI AL ON RECORD. THE INSTANT APPEAL BY THE REVENUE IS FILED ON 24.10.2016. THE S AME WOULD THUS BE GOVERNED BY CIRCULAR NO.21/2015 DATED 10.12.2015 ISSUED BY C BDT U/S. 268A R/W S. 119 OF THE ACT, PRESCRIBING A THRESHOLD LIMIT FOR AN AP PEAL BY THE REVENUE BEFORE THE APPELLATE TRIBUNAL, AT . 10 LACS. IN VIEW OF THE GIVEN FACTS AND THE POSIT ION OF LAW, THE REVENUES APPEAL IS NOT MAINTAINABLE U/S. 268A OF THE ACT. WE DECIDE ACCORDINGLY. 5. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED ON FEBRUARY 20, 2017 AT CHENNAI . SD/- ( ) (SANJAY ARORA) /ACCOUNTANT MEMBER 3 ITA NO.3005/MDS/2016 (AY 2012-13) ITO V. THE SALISBURY INDUSTRIAL CO-OPERATIVE TEA FACTORY LTD. /CHENNAI, / /DATED, FEBRUARY 20, 2017. EDN 0 * ('-12 32%- /COPY TO: 1. &' /APPELLANT 2. ()&' /RESPONDENT 3. , 4- ( )/CIT(A) 4. , 4- /CIT 5. 2$56 ('-' /DR 6. 67# 8 /GF