ACIT Central Circle 2(2), CHENNAI V. Sri Renga Enterprises, Trichy

ITA 3123/CHNY/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4063 (ITAT-CHENNAI)
• Duration Of Justice: 7 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 20-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AR V SRINIVASANJCITD R
• Assessee Lawyers: Y SRIDHARC A
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : CHENNAI , , BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER & SHRI S.JAYARAMAN , ACCOUNTANT MEMBER ./ I.T.A.NOS.3121, 3122 & 3123/CHNY/2017 / ASSESSMENT YEARS : 2008-09, 2011-12 & 2012-13 ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), CHENNAI 600 034. VS. M/S. SRI RENGA ENTERPRISES ., 5,SRINIVASA RESIDENCY, SANKARAN PILLAI STREET, TRICHY 620 002. [PAN AAWFS 5391 J ] ( / APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR.AR.V.SRINIVASAN,JCIT,D.R !' /RESPONDENT BY : MR.Y.SRIDHAR, C.A # $ %& / DATE OF HEARING : 09 - 0 8 - 201 8 '( %& / DATE OF PRONOUNCEMENT : 09 - 0 8 - 201 8 ! / O R D E R PER BENCH: THESE THREE OF APPEALS ARE FILED BY THE REVENUE AGA INST THE SEPARATE ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS)-18 ITA NOS.3121 TO 3123/CHNY/2017 :- 2 -: CHENNAI IN APPEAL NO.736/15-16 DATED 14.09.2017 FO R ASSESSMENT YEAR 2008-09, AND IN APPEAL NOS.405 & 995/15-16 DA TED 14.09.2017 FOR ASSESSMENT YEARS 2011-12 & 2012-13. 2. SINCE THE ASSESSEE IS COMMON IN ALL THESE APPEA LS, THESE THREE APPEALS ARE CLUBBED TOGETHER, HEARD TOGETHER, DISPOSED OFF BY THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. 3. SHRI AR.V.SRINIVASAN REPRESENTED ON BEHALF OF THE REVENUE, AND SHRI Y.SRIDHAR REPRESENTED ON BEHALF OF THE AS SESSEE. 4. WHEN THE APPEALS ARE TAKEN UP FOR HEARING, THE REPRESENTATIVE FOR THE REVENUE AND AUTHORISED REPRE SENTATIVE OF ASSESSEE VERY FAIRLY SUBMITTED THAT THE TAX EFFECT INVOLVED IN THESE APPEALS IS LESS THAN ` 20 LAKHS. THE CBDT IN ITS LATEST CIRCULAR NO.3/2018 DATED 11.07.2018 INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE TAX EFFEC T IS LESS THAN ` 20 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINIO N THAT THIS CIRCULAR OF CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMEN T. THEREFORE, THE ITA NOS.3121 TO 3123/CHNY/2017 :- 3 -: REVENUE CANNOT PROCEED FURTHER IN THESE THREE APPEA LS. ACCORDINGLY, THE APPEALS FILED BY THE REVENUE STAND DISMISSED. 5. IN THE RESULT, ALL THESE THREE APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSION OF HEARING ON 09 TH AUGUST, 2018, AT CHENNAI. SD/ - SD/ - ( ) (S. JAYARAMAN) ' # /ACCOUNTANT MEMBER ( ) (GEORGE MATHAN) $ # / JUDICIAL MEMBER ) $ / CHENNAI * / DATED: 09 TH AUGUST, 2018. K S SUNDARAM + !%,- . -% / COPY TO: 1 . / APPELLANT 3. # /% () / CIT(A) 5. -23 !%4 / DR 2. !' / RESPONDENT 4. # /% / CIT 6. 35 6$ / GF