DCIT CENTRAL CIRCLE 2(4), CHENNAI V. A.VIVEKANANDAN, CHENNAI

ITA 3119/CHNY/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 7313 (ITAT-CHENNAI)
• Duration Of Justice: 8 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-07-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 15-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R CLEMENT RAMESH KUMAR
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , C B ENCH, CHENNAI . , , $ % BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ I.T.A.NO.3119/CHNY/2018 ( / ASSESSMENT YEAR: 2005-06) THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(4), CHENNAI 34. VS SHRI A. VIVEKANANDAN, D.NO.53/54, PADMAVATHI NAGAR, VIRUGAMBAKKAM, CHENNAI 600 092. PAN: AAFPV1982K ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI R. CLEMENT RAMESH KUMAR, ADDL.CIT / RESPONDENT BY : SHRI ARJUN RAJ, CA /DATE OF HEARING : 09.07.2019 /DATE OF PRONOUNCEMENT : 24.07.2019 / O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER: THE REVENUE FILED THIS APPEAL AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-18, CHENNAI IN ITA NO.196/17- 18 DATED 12.07.2018 FOR THE ASSESSMENT YEAR 2005-06 . 2. SHRI A.VIVEKANANDAN, THE ASSESSEE, IS AN INDIVID UAL. WHILE MAKING THE ASSESSMENT FOR THE ASSESSMENT YEAR 2005- 06, THE LD.AO MADE ADDITION OF RS.22,00,000/- AS UNEXPLAINED INVE STMENT U/S.69 OF THE INCOME TAX ACT, 1961. AGGRIEVED, THE ASSESSEE FILED AN APPEAL BEFORE THE CIT(A). THE LD.CIT(A) ALLOWED THE APPEAL . AGGRIEVED AGAINST THAT ORDER, THE REVENUE FILED THIS APPEAL BEFORE TH IS TRIBUNAL. 2 ITA NO.3119/CHNY/2018 3. AT THE TIME OF HEARING, THE LD.AR SUBMITTED THA T THE TAX EFFECT IS BELOW RS.20 LAKHS AND HENCE THE REVENUES APPEAL WO ULD BE COVERED BY THE CBDT CIRCULAR NO.3/2018 DATED 11.07.2018, FIX ING THE MONETARY LIMIT OF RS.20 LAKHS. THE LD.DR ON VERIFICATION ADM ITTED THAT THE TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.20 LA KHS. 4. ON HEARING BOTH SIDES, WE FIND THAT THE TAX EFF ECT IN THIS CASE IS LESS THAN RS. 20 LAKHS. THE CBDT IN ITS CIRCULAR NO. 3/201 8 DATED 11.07.2018 INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE TAX EFFECT IS LESS THAN RS. 20 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIRC ULAR OF CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE RE VENUE CANNOT PROCEED FURTHER IN THIS APPEAL. ACCORDINGLY, THE AP PEAL STANDS DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DIS MISSED. ORDER PRONOUNCED ON THE 24 TH JULY, 2019 AT CHENNAI. SD/- SD/- $ /CHENNAI, % /DATED 24 TH JULY, 2019 RSR () *) /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. - ( ) /CIT(A) 4. - /CIT 5. ) 0 /DR 6. /GF ( ) (DUVVURU R.L REDDY) /JUDICIAL MEMBER ( ) (S. JAYARAMAN) /ACCOUNTANT MEMBER