ACIT, CHENNAI V. C.Kalyanam & Co., CHENNAI

ITA 3090/CHNY/2014

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 2682 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2016
• Appeal Filed By: Department
• Bench Allotted: D
• Next Hearing Date: 13-01-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 22-12-2014
• Court: TRIBUNAL
• Department Lawyers: DR B NISCHAL
• Assessee Lawyers: A S SRIRAMAN
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH : CHENNAI . . . , . !' , # $ % [ BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ] ./ I.T.A.NOS.3089, 3090, 3091 & 3092/MDS/2014 / ASSESSMENT YEARS : 2006-07, 2007-08, 2009-10 & 2010-11 THE ASSTT. COMMISSIONER OF INCOME-TAX NON-CORPORATE CIRCLE 5 CHENNAI VS. M/S C.KALYANAM & CO. NO.16, MUTUGRAMANI STREET PERIAMET CHENNAI 600 003 [PAN AAAFC 1781 G ] ( &' / APPELLANT) ( ()&' /RESPONDENT) / APPELLANT BY : DR. B NISCHAL, JCIT /RESPONDENT BY : SHRI A. S SRIRAMAN, ADVOCATE / DATE OF HEARING : 13 - 01 - 201 6 ! / DATE OF PRONOUNCEMENT : 13 - 01 - 2016 / O R D E R PER N.R.S.GANESAN, JUDICIAL MEMBER THESE APPEALS OF THE REVENUE IS DIRECTED AGAINST THE COMMON ORDER OF THE COMMISSIONER OF INCOME-TAX (APP EALS)-IV, CHENNAI, DATED 29.9.2014 FOR ASSESSMENT YEARS, 2006 -07, 2007-08, 2009-10 AND 2010-11. SINCE COMMON ISSUE ARISES FOR CONSIDERATION IN ALL THE APPEALS, WE HEARD THEM TOGETHER AND DISPOSI NG OF THE SAME BY THIS COMMON ORDER. ITA NO.3089 TO 3092/14 :- 2 -: 2. ON HEARING THE LD. DEPARTMENTAL REPRESENTATIVE, WE FIND THAT THE TAX EFFECT IN THESE APPEALS IS LESS THAN ` 10 LAKHS. THE CBDT IN CIRCULAR NO.21/2015 DATED 10.12.2015 INCREASED T HE MONETARY LIMIT FOR FILING APPEAL BEFORE THIS TRIBUNAL FROM ` 4 LAKHS TO ` 10 LAKHS. THE CBDT FURTHER CLARIFIED THAT THE INSTRUCTION DATED 1 0.12.2015 WILL APPLY RETROSPECTIVELY TO ALL THE PENDING APPEALS BEFORE T HIS TRIBUNAL. THE CBDT HAS ALSO INSTRUCTED ITS OFFICERS TO WITHDRAW T HE APPEALS PENDING BEFORE THIS TRIBUNAL. IN VIEW OF THE ABOVE, THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THE CIRCULAR ISSUED BY THE CBDT ON 10.12.2015 IS BINDING ON THE DEPARTMENT. THEREFORE, THE APPEA LS FILED BY THE REVENUE ARE NOT MAINTAINABLE. ACCORDINGLY, THE APP EALS OF THE REVENUE ARE DISMISSED. 3. IN THE RESULT, ALL THE APPEALS OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ON 13 TH JANUARY, 2016, AT CHENNAI. SD/- SD/- ( . !' ) (A. MOHAN ALANKAMONY) # / ACCOUNTANT MEMBER ( . . . ' ) (N.R.S. GANESAN) / JUDICIAL MEMBER #$ / CHENNAI %& / DATED: 13 TH JANUARY, 2016 RD ITA NO.3089 TO 3092/14 :- 3 -: &' ()*) / COPY TO: 1 . / APPELLANT 4. + / CIT 2. / RESPONDENT 5. ),- . / DR 3. +/' / CIT(A) 6. -01 / GF