ACIT Central Circle 1(1), CHENNAI V. Amarchand Arvindkumar, CHENNAI

ITA 3153/CHNY/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 5011 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 1 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 22-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: H YESHWANTH KUMAR
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , C BENCH, CHENNAI [ , . , BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ I.T.A.NO.3153/CHNY/2017 ( [ [ / ASSESSMENT YEAR: 2013-14) THE ACIT, CENTRAL CIRCLE 1(1), CHENNAI - 34 VS SHRI AMARCHAND ARVINDKUMAR, 4, LAKSHMIPURAM, 1 ST STREET, ROYAPETTAH, CHENNAI 600 014. PAN: AAJPA0537D ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI CLEMENT RAMESH KUMAR, ADDL. CIT / RESPONDENT BY : SHRI H. YESHWANTH KUMAR, CA /DATE OF HEARING : 30.01.2019 /DATE OF PRONOUNCEMENT : 30.01.2019 / O R D E R PER A. MOHAN ALANKAMONY, AM:- THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX(APPEALS)-18, CHENNAI, DATED 26.09.2017 IN ITA NO.1130/15-16 FOR THE ASSESSMENT YEAR 2013- 14 PASSED U/S. 250(6) R.W.S. 143(3) OF THE ACT. 2. AT THE OUTSET, THE LD.AR SUBMITTED BEFORE US THAT THE ABOVE MENTIONED APPEAL IS NOT MAINTAINABLE DUE TO THE LATEST CIRCULAR NO.3/2018 DATED 11.07.2018 ISSUED BY THE CBDT WITH RESPECT TO MONETARY LIMIT. HENCE, IT WAS PLEADED THAT THE APPEAL OF THE 2 ITA NO.3153/CHNY /2017 REVENUE MAY BE DISMISSED. THE LD. DR COULD NOT CONTROVERT TO THE SUBMISSION OF THE LD.AR. 3. AFTER HEARING BOTH SIDES WE FIND MERIT IN THE SUBMISSION OF THE LD.AR. T HE CBDT IN ITS LATEST CIRCULAR NO.3/2018 DATED 11.07.2018 HAD FIXED THE MONETARY TAX EFFECT AS RS.20 LAKHS FOR FILING APPEAL BEFORE THE TRIBUNAL . FURTHER, IT IS APPARENT FROM THE ORDERS OF THE LD.REVENUE AUTHORITIES THAT IN THE CASE OF THE ASSESSEE, TAX EFFECT IS BELOW RS.20 LAKHS WHICH IS ALSO CONCEDED BY THE LD.DR. HENCE DUE TO THE INSTRUCTIONS ISSUED BY THE CBDT VIDE ITS CIRCULAR MENTIONED HEREIN ABOVE, WE HEREBY HOLD THAT THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND ACCORDINGLY THE APPEAL OF THE REVENUE IS DISMISSED. 4. IN THE RESULT THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH JANUARY, 2019 AT CHENNAI. SD/- SD/- /CHENNAI, /DATED 30 TH JANUARY, 2019 RSR /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. [ /GF ( ) (GEORGE MATHAN) /JUDICIAL MEMBER ( . ) (A. MOHAN ALANKAMONY) /ACCOUNTANT MEMBER