ACIT Corporate Circle 5(2), CHENNAI V. Devasagayam Arulanandhu, CHENNAI

ITA 3224/CHNY/2017

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 2476 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 11 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-12-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 28-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A SUNDERARAJAN
• Assessee Lawyers: N KAUSHIKADV
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI . . . , ! '#$% , &#' BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ! ./ ITA NO. 3224/CHNY/2017 ) *) /ASSESSMENT YEARS: 2012-13 THE ASSISTANTCOMMISSIONER OF INCOME-TAX, CORPORATE CIRCLE-5(2) , , 4 TH FLOOR, AAYAKARBHAWAN 121, MAHATMA GANDHI ROAD, NUNGAMBAKKAM CHENNAI-600034 / V. SHRI DEVASAGAYAQMARULANANDHU NO. 7/3, ARUL ILLAM , SUBRAMANIA NAGAR, 1 ST STREET, KODAMBAKKAM, CHENNAI-600024 +&! ./ PAN: AEAPA6863M REVENUE BY : MR.A. SUNDERARAJAN, ADDL. CIT ASSESSEE BY : MR.N. KAUSHIK,ADV. , - $& / DATE OF HEARING : 05.12.2019 .%* - $& /DATE OF PRONOUNCEMENT : 05.12.2019 / O R D E R PER RAMIT KOCHAR, ACCOUNTANT MEMBER: THISAPPEALFILED BY REVENUE IS DISPOSED OF BECAUSE T AX 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, MINISTRY OF FI NANCE, 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. I.T.A. NO. 3224/CHNY/2017 2 2. THE LD. DRAT THE OUTSET SUBMITTED THAT TAX EFFEC T INVOLVED IN THIS APPEALS FILED BY REVENUE IS LESS THAN RS.50LACS AND THE APP EALSISCOVERED BY CBDT CIRCULAR NO.17/2019 DATED 08.08.2019 BEING A LOW TA X EFFECT APPEALS FILED BY REVENUE. IT IS ALSO EXPLAINED BY LEARNED DR THAT TH IS APPEAL FILED BY REVENUEIS ALSO NOT HIT BY ANY OF EXCEPTIONS CARVED OUT IN AFO RESAID CBDT CIRCULAR. 3. THE TAX EFFECT INTHIS APPEAL FILED BY REVENUEIS UNDISPUTEDLY BELOW RS.50 LACSAND THUS KEEPING IN VIEW CBDT CIRCULAR NO.17/20 19 (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, GOVERNMENT OF INDIA, AMENDING PARA NO.3 AND 5 OF THE CBDT CIRC ULAR NO.3 OF 2018 DATED 11.07.2018 AND ITS SUBSEQUENT AMENDMENT DATED 20.08 .2018, WE ARE INCLINED TO DISMISS THISAPPEAL FILED BY REVENUE OWING TO LO W TAX EFFECT INVOLVED INTHIS APPEAL WHICH IS BELOW RS.50 LACS. WHILE DISPOSING O F THIS APPEAL FILED BY REVENUE DUE TO LOW TAX EFFECT VIDE AFORESAID CBDT CIRCULAR NO.17/2019 DATED 08.08.2019, WE CLARIFY THAT WE HAVE NOT COMMENTED O N MERITS OF THE ISSUE(S) INTHISAPPEAL.HOWEVER, AT THE SAME TIME WE ARE GRANT ING LIBERTY TO REVENUE THAT IF AT ANY STAGE REVENUE WANTS TO AGITATE THE MATTER /ISSUE(S) IN THIS APPEALIN ACCORDANCE WITH THE CLAUSES/EXCEPTIONS AS ARE CONTA INED IN THE AFORE-STATED 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 CAN FILE MISCELLANEOUS APPLICATION PRAYING FOR RECALL OF THI S ORDERACCORDINGLY. WE ORDER ACCORDINGLY. 4. IN RESULT, THEAPPEALFILED BY REVENUE IN ITA NO. 3224/CHNY/2017 FOR AY: 2012-13STANDDISMISSED OWING TO LOW TAX EFFECT AS IN DICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 05.12.2019. - .%* & , #/ 0!1 05.12.2019 % - SD/- SD/- ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( '#$% ) (RAMIT KOCHAR) & /ACCOUNTANT MEMBER /CHENNAI, 0! /DATED: 05 TH DECEMBER, 2019. I.T.A. NO. 3224/CHNY/2017 3 - 2$'3 43*$ /COPY TO: 1. +5 /APPELLANT 4. , 6$ /CIT 2. 27+5 /RESPONDENT 5. 3 8 2$ /DR 3. , 6$ ( ) /CIT(A) 6. ;) < /GF