ACIT, CHENNAI V. K.D.Parakh, CHENNAI

ITA 3281/CHNY/2016

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 8758 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-12-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2005-2006
• Appeal Filed On: 05-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BALINA SURESH BABU
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

, , IN THE INCOME-TAX APPELLATE TRIBUNAL D BENCH, CHENNAI , . , BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER & SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ I.T.A.NO.3281/CHNY/2016 / ASSESSMENT YEAR :2005-06 THE ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 4 (2), CHENNAI 600 034. VS. SHRI K.D. PARAKH, NO.9, TARAPORE AVENUE, HARRINGTON ROAD, CHETPET, CHENNAI 600 031. PAN: AAAPP7775K ( /APPELLANT ) ( / RESPONDENT ) / APPELLANT BY : SHRI BALINA SURESH BABU, JCIT / RESPONDENT BY : NONE / DATE OF HEARING : 17.12.2018 /DATE OF PRONOUNCEMENT : 17.12.2018 / 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)-8, CHENNAI, DATED 29.09.2016 IN ITA NO.31/2007-08 FOR THE ASSESSMENT YEAR 2005-06 PASSED U/S. 250(6) R.W.S. 143(3) OF THE ACT. AT THE TIME OF HEARING NONE APPEARED ON BEHALF OF THE ASSESSEE, HOWEVER ON PERUSING THE APPEAL IT WAS OBSERVED THAT THE APPEAL IS NOT MAINTAINABLE SINCE THE TAX EFFECT IS ITA NO.3281/CHNY/2016 2 BELOW RS.20 LAKHS. THE LD.DR ALSO COULD NOT CONTROVERT TO THE FINDING OF THE BENCH. 2. 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. 3. IN THE RESULT THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH OF DECEMBER, 2018 AT CHENNAI. SD/- SD/- /CHENNAI, /DATED 17 TH DECEMBER, 2018 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