ITO, CHENNAI V. Janani Properties & Estates P. Ltd., CHENNAI

ITA 308/CHNY/2017

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 4900 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-04-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 03-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B SAHADEVAN IRS
• Assessee Lawyers: D ANAND
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A (SMC) BENCH : CHENNAI . , [BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT M EMBER ] ./I.T.A. NO. 308/MDS/2017 / ASSESSMENT YEAR : 2007-2008 THE INCOME TAX OFFICER, CORPORATE WARD 2(3) CHENNAI 600 034. VS. M/S. JANANI PROPERTIES & ESTATES P. LTD, 134, PLOT NO.1818, 13 TH MAIN ROAD, ANNA NAGAR, WEST, CHENNAI 600 040. [PAN AABCJ 2386C] ( !' / APPELLANT) ( #$!' /RESPONDENT) / APPELLANT BY : SHRI. B. SAHADEVAN, IRS, JCIT /RESPONDENT BY : SHRI. D. ANAND, ADVOCATE /DATE OF HEARING : 06-04-2017 !' /DATE OF PRONOUNCEMENT : 12-04-2017 % / O R D E R THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST AN ORDER DATED 08.12.2016 OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-6, CHENNAI. 2. LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMITTE D THAT DEPARTMENTAL APPEAL WAS AGAINST DISALLOWANCE OF ?13 ,82,159/- LEVIED U/S. 40(A)(IA) OF THE INCOME TAX ACT, 1961 (IN SHOR T THE ACT) WHICH WAS DELETED BY THE LD. COMMISSIONER OF INCOME TAX ( APPEALS). AS PER ITA NO. 308/MDS/2017 :- 2 -: LD. AUTHORISED REPRESENTATIVE TAX EFFECT WAS LESS T HAN TEN LAKHS, BY VIRTUE OF CBDT CIRCULAR NO.21/2015, DATED 10.12.201 5, THE APPEAL WILL NOT LIE. 3. PER CONTRA, LD. DEPARTMENTAL REPRESENTATIVE FAIRLY AGREED THAT ?13,82,159/- DISALLOWANCE DELETED BY THE LD. C OMMISSIONER OF INCOME TAX (APPEALS) AND TAX EFFECT THEREOF WAS LE SS THAN THE LIMIT MENTIONED IN THE CBDT CIRCULAR. 4. WE HAVE CONSIDERED THE RIVAL CONTENTIONS AND PERUSE D THE ORDERS OF THE AUTHORITIES BELOW. BY VIRTUE OF CIRCU LAR NO.21/2015, DATED 10.12.2015, AN APPEAL OF THE REVENUE WOULD NOT LIE BEFORE THIS TRIBUNAL WHERE THE TAX EFFECT IS LESS THAN ?10,00,0 00/-. 5. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DIS MISSED ORDER PRONOUNCED ON WEDNESDAY, THE 12 TH DAY OF APRIL, 2017, AT CHENNAI. SD/- ( . ) (ABRAHAM P. GEORGE) / ACCOUNTANT MEMBER #$ / CHENNAI %& / DATED: 12TH APRIL, 2017 KV &' ()*) / COPY TO: 1 . / APPELLANT 3. +,- / CIT(A) 5. )./ 0 / DR 2. / RESPONDENT 4. + / CIT 6. /12 / GF