ITO Corporate Ward 5(2), CHENNAI V. Prudential Sugar Corporation Ltd., CHENNAI

ITA 3225/CHNY/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7325 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 28-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N GOPI KRISHNA
• Assessee Lawyers: D ANAND
• Keywords: Tax effect
• Section: 5(2)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : CHENNAI . . . , !' . #$#% , & '' ( [BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER ] ./I.T.A. NO. 3225/CHNY/2017 / ASSESSMENT YEAR : 2013-2014. INCOME TAX OFFICER, CORPORATE WARD 5(2) CHENNAI VS. M/S. PRUDENTIAL SUGAR CORPORATION LTD, NO.2A, II FLOOR, TAAS MAHAL, NO.10, MONTIETH ROAD, EGMORE, CHENNAI 600 008. [PAN AAACP 4338D] ( )* / APPELLANT) ( +,)* /RESPONDENT) / APPELLANT BY : SHRI. N. GOPIKRISHNA, JCIT. /RESPONDENT BY : SHRI. D. ANAND, ADVOCATE /DATE OF HEARING : 19-07-2018 ! /DATE OF PRONOUNCEMENT : 23-07-2018 / O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST AN ORDER DATED 29.09.2017 OF THE COMMISSIONER OF INCO ME-TAX (APPEALS)- 3, CHENNAI. 2. LD. COUNSEL FOR THE ASSESSEE POINTED OUT THE TAX EF FECT IN THIS CASE WAS LESS THAN A20,00,000/- AND HENCE AN APPEA L WOULD NOT LIE ITA NO.3225/2017 :- 2 -: BEFORE THIS TRIBUNAL BY VIRTUE OF CBDT CIRCULAR NO. 3/2018, DATED 11.07.2018 3. PER CONTRA, LD. DEPARTMENTAL REPRESENTATIVE FAIRL Y AGREED THAT THE TAX EFFECT WAS LESS THAN A20,00,000/- AN D BY VIRTUE OF PARA 13 OF THE CIRCULAR MENTIONED (SUPRA) PENDING APPEAL S BEFORE THE SPECIFIC TAX LIMIT HAD TO BE WITHDRAWN/NOT PRESSED. 4. WE HAVE CONSIDERED THE RIVAL CONTENTIONS AND PERUSE D THE ORDERS OF THE AUTHORITIES BELOW. CONSIDERING THE SU BMISSIONS OF THE LD. AUTHORISED REPRESENTATIVE AND THE TAX EFFECT IN T HIS APPEAL WHICH IS LESS THAN A20,00,000/-, APPEAL OF THE REVENUE CANN OT SURVIVE. 5. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DIS MISSED ORDER PRONOUNCED ON MONDAY, THE 23 RD DAY OF JULY, 2018, AT CHENNAI. SD/- SD/- ( . . . ) (N.R.S. GANESAN) / JUDICIAL MEMBER ( !' . #$#% ) (ABRAHAM P. GEORGE) & / ACCOUNTANT MEMBER '# / CHENNAI $% / DATED:23RD JULY, 2018 KV %& '()( / COPY TO: 1 . / APPELLANT 3. *+, / CIT(A) 5. (-. / / DR 2. / RESPONDENT 4. * / CIT 6. .01 / GF