ITO, Corp Ward 1(4), Chennai V. S V Sunil Kumar, Chennai

ITA 321/CHNY/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6130 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 7 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-09-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 08-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: D ANAND
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: CHENNAI , $ % . . & , ( ) BEFORE SHRI RAMIT KOCHAR , ACCOUNTANT MEMBER AND SHRI DUVVURU R.L.REDDY , JUDICIAL MEMBER ./ ITA NO. 321/CHNY/2019 (* * /ASSESSMENT YEARS: 2006-07 HEARD THROUGH VIDEO CONFERENCING THE INCOME TAX OFFICER CORPORATE WARD 1(4), ROOM NO. 627, 6 TH FLOOR, WANAPARTHY BLOCK, 121, M G ROAD, CHENNAI-600034 / V. SHRI S.V. SUNIL KUMAR 6 TH STREET NO. J-57 ANNA NAGAR EAST CHENNAI-600102 PAN:ALOPS7746N REVENUE BY : MR.ARV SREENIVASAN, JCIT ASSESSEE BY : MR. D . ANAND, ADVOCATE , / DATE OF HEARING : 28.09.2020 , /DATE OF PRONOUNCEMENT : 28.09.2020 / O R D E R PER RAMIT KOCHAR, ACCOUNTANT MEMBER: THIS APPEAL FILED BY REVENUE IS DISPOSED OF BECAUSE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.50 LACS AS PER CBDT CIRCULAR NO.17/2019 (F.NO. 279/MISC.142/2007-ITJ (PT)) DATED 08 TH AUGUST, 2019 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINIS TRY OF FINANCE, I.T.A. NO. 321/CHNY/2019 2 GOVERNMENT OF INDIA, AMENDING PARA NO.3 AND 5 OF THE CBDT CIRCULAR NO.3 OF 2018 DATED 11.07.2018 AND ITS SUBSEQUENT AMENDMENT DATED 20.08.2018. THIS APPEAL WAS HEARD IN OPEN COURT HELD IN VIRTUAL MODE THROUGH VIDEO CONFERENCING MODE USING WEBEX PLATFORM 2. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT T AX EFFECT INVOLVED IN THIS APPEAL FILED BY REVENUE IS LESS THAN RS.50 LACS AND THIS APPEAL IS COVERED BY CBDT CIRCULAR NO.17/2019 DATED 08.08.2019 BEING A LOW TAX E FFECT APPEAL FILED BY REVENUE. IT IS ALSO EXPLAINED BY LEARNED C OUNSEL FOR THE ASSESSEE THAT THIS APPEAL FILED BY REVENUE IS ALSO NOT HIT B Y ANY OF EXCEPTIONS CARVED OUT IN AFORESAID CBDT CIRCULAR AND CONSEQUENTIALLY PRAYERS WERE MADE BY LEARNED COUNSEL FOR THE ASSESSEE TO DISMISS THIS A PPEAL. THE LEARNED DR ALSO AFFIRMED THAT THIS APPEAL FILED BY REVENUE IS TO BE DISMISSED AS LOW TAX EFFECT APPEAL COVERED BY AFORESAID CBDT CIRCULAR. 3. THE TAX EFFECT IN THIS APPEAL FILED BY REVENUE IS UNDISPUTEDLY BELOW RS.50 LACS AND THUS KEEPING IN VIEW CBDT CIRCULAR NO.17/2019 (F.NO.279/MISC.142/2007-ITJ (PT)) DATED 08 TH AUGUST, 2019 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENU E, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, AMENDING PARA NO.3 AND 5 OF THE CBDT CIRCULAR NO.3 OF 2018 DATED 11.07.2018 AND ITS SUBSEQUENT AMENDMENT DATED 20.08.2018, WE ARE INCLINED TO DISMISS THIS APPEAL FILED BY RE VENUE DUE TO LOW TAX EFFECT INVOLVED IN THIS APPEAL WHICH IS BELOW RS.50 LACS IN THIS APPEAL . WHILE DISPOSING OF THIS APPEAL FILED BY REVENUE DUE TO LO W TAX EFFECT VIDE AFORESAID CBDT CIRCULAR NO.17/2019 DATED 08.08.2019, WE CLARIFY THAT WE HAVE NOT COMMENTED ON MERITS OF THE ISSUE(S) IN THIS APPEAL. HOWEVER, AT THE SAME I.T.A. NO. 321/CHNY/2019 3 TIME WE ARE GRANTING LIBERTY TO REVENUE THAT IF AT ANY STAGE REVENUE WANTS TO AGITATE THE MATTER/ISSUE(S) IN THIS APPEAL IN AC CORDANCE WITH THE CLAUSES/EXCEPTIONS AS ARE CONTAINED IN THE AFORE-ST ATED CBDT CIRCULAR NUMBER 17/2019 DATED 08.08.2018 READ WITH CBDT CIRCULAR NO 3/2018 DATED 11.07.2018 AS MODIFIED ON 20.08.2018, THE REVENUE IS HEREBY GRANT ED LIBERTY TO FILE MISCELLANEOUS APPLICATION PRAYING F OR RECALL OF THIS ORDER ACCORDINGLY. THIS ORDER IS PRONOUNCED IN THE OPEN C OURT HELD IN VIRTUAL MODE THROUGH VIDEO CONFERENCING MODE USING WEBEX PLATFOR M IN THE PRESENCE OF BOTH THE PARTIES. WE ORDER ACCORDINGLY. 4. IN RESULT, THE APPEAL BY REVENUE IN ITA NO.321/CHN Y/2019 FOR AY: 2006-07 STAND DISMISSED OWING TO LOW TAX EFFECT AS INDIC ATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT THROUGH VIDEO CONFERENCING MODE ON 28.09.2020. , / 0 28.09.2020 , SD/- SD/- ( $ % . . & ) (DUVVURU R.L.REDDY) ( /JUDICIAL MEMBER ( ) (RAMIT KOCHAR) /ACCOUNTANT MEMBER /CHENNAI, 0 /DATED: 28 TH SEPTEMBER 2020. TLN , 4(5 65 /COPY TO: 1. 8 /APPELLANT 4. 9 /CIT 2. 4:8 /RESPONDENT 5. 5 4(( /DR 3. 9 ( ) /CIT(A) 6. * /GF