DCIT CIRCLE 2(1), TRICHY V. G.KARTHIK, ERODE

ITA 3008/CHNY/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8793 (ITAT-CHENNAI)
• Duration Of Justice: 10 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 02-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PAVITRAN KUMAR
• Assessee Lawyers: TASNEEM H
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: CHENNAI . , ! ' #$ , % ! $& BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER AND SHRI S JAYARAMAN, ACCOUNTANT MEMBER ' ./ ITA NO.3008/CHNY/2018 ' (' /ASSESSMENT YEAR: 2011-12 THE DY . COMMISSIONER OF INCOME TAX, CIRCLE-2(1), NO.44, WILLIAMS ROAD, CANTONMENT, TRICHY 620 001. VS. SHRI G. KARTHIK, S/O SHRI S. GUNASEKARAN, PROP: M/S. KGK CONSTRUCTIONS, NO.36 KANGEYAM ROAD, KODUMUDI, ERODE DISTRICT. [ PAN: AKGPK 2255H] ( )* /APPELLANT) ( +,)* /RESPONDENT) )* - . / APPELLANT BY : SHRI PAVITRAN KUMAR , J CIT +,)* - . /RESPONDENT BY : MS. TASNEEM. H , C.A - /% /DATE OF HEARING : 16 . 0 9 .201 9 01( - /% /DATE OF PRONOUNCEMENT : 16 . 0 9 .201 9 2 / O R D E R PER SHRI S JAYARAMAN, ACCOUNTANT MEMBER : THE REVENUE FILED THIS APPEAL AGAINST THE ORDER OF TH E COMMISSIONER OF INCOME TAX (APPEALS)-1, TIRUCHIRAPA LLI, IN ITA NO.134/14-15/CIT(A-1)/TRY DATED 14.08.2018 FOR ASSE SSMENT YEAR 2011-12. 2. AT THE TIME OF HEARING, THE LD. DR SUBMITTED TH AT THE TAX EFFECT IS BELOW RS.50 LAKHS AND HENCE THE REVENUES APPEAL WOULD BE COVERED BY THE CBDT ITA NO.3008/CHNY/2018 :- 2 -: CIRCULAR NO.17/2019 DATED 08.08.2019, FIXING THE MO NETARY LIMIT OF RS.50 LAKHS. THE LD. AR ALSO SUBMITTED THAT THE TAX EFFECT INVOL VED IN THE APPEAL IS LESS THAN RS.50 LAKHS. 3. ON HEARING BOTH SIDES, WE FIND THAT THE TAX EFF ECT IN THIS CASE IS LESS THAN RS. 50 LAKHS. THE CBDT IN ITS CIRCULAR NO. 17/2019 DATED 08.08.2019 INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE TAX EFFECT IS LESS THAN RS. 50 LAKHS. TH IS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIRCULAR OF CBDT IS BI NDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED F URTHER IN THIS APPEAL. ACCORDINGLY, THE APPEAL STANDS DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSION OF HEARING ON THE 16 TH SEPTEMBER, 2019 IN CHENNAI. SD/- SD/- ( . ) (DUVVURU RL REDDY) /JUDICIAL MEMBER ( ) (S. JAYARAMAN) /ACCOUNTANT MEMBER /CHENNAI, 3 ' /DATED:16 TH SEPTEMBER, 2019. EDN, SR. PS 2 - +/45 65(/ /COPY TO: 1. )* /APPELLANT 4. 7/ /CIT 2. +,)* /RESPONDENT 5. 589 +/ /DR 3. 7/ ( ) /CIT(A) 6. 9' < /GF