ACIT, Madurai V. V.V.R.Sathiyam, Virudhunagar

ITA 3325/CHNY/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 7624 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-03-2017
• Appeal Filed By: Department
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 08-12-2016
• Court: TRIBUNAL
• Department Lawyers: DURGESH SUMROTT
• Assessee Lawyers: SHANMUGAVEL
• Keywords: Tax effect
• Section: 143(3); 263; 10

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL BENCH C, CHENNAI , !' . ' $ %, & %' BEFORE SHRI SANJAY ARORA, ACCOUNTANT MEMBER AND SHRI G. PAVAN KUMAR, JUDICIAL MEMBER ./ ITA NO.3325/MDS/2016 & C.O NO.12/MDS/2017 & ) '*) / ASSESSMENT YEAR : 2010-11 ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MADURAI. VS. V.V.R.SATHIYAM, 443, MAIN BAZAAR, VIRUDHUNAGAR 622 001. [PAN: AHNPS 9284N] ( /APPELLANT ) ( / RESPONDENT ) +, - . / APPELLANT BY : SHRI DURGESH SUMROTT, CIT /0+, - . / RESPONDENT BY : SHRI SHANMUGAVEL, CA $ ' - 1 / DATE OF HEARING : 01.03.2017 2* - 1 / DATE OF PRONOUNCEMENT : 09.03.2017 /O R D E R PER BENCH : THIS IS AN APPEAL BY THE REVENUE DIRECTED AGAINST T HE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS)-1, MADURAI (C IT(A) FOR SHORT) DATED 24.08.2016, PARTLY ALLOWING THE ASSESSEES APPEAL C ONTESTING ITS ASSESSMENTS U/S. 143(3) R/W S. 263 OF THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) DATED 14.09.2015 FOR ASSESSMENT YEAR (AY) 2010-11 2 ITA NO.3326/MDS/2016 (CO.13/ MDS/2017) ASST. CIT V. V.V.R.SATHIYAM (AY 2010-11) 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LD. AUTHORIZED REPRESENTATIVE (AR), THE ASSESSEES COUNSEL, DRAWING ATTENTION TO THE CAUSE TITLE OF THE IMPUGNED ORDER, THAT THE TAX EFFECT IN ALL THESE AP PEALS BY THE REVENUE IS BELOW . 10 LACS EACH, SO THAT THE SAME ARE NOT MAINTAINAB LE IN VIEW OF S. 268A R/W CIRCULAR NO.21/2015 DATED 10.12.2015 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT OR BOARD). THE LD. DEPARTMENTAL REPRESE NTATIVE (DR) COULD NOT REBUT THE SAID ASSERTION BY THE LD. AR. 3. THE PARTIES WERE HEARD, AND THE MATERIAL ON RECO RD PERUSED. SEC. 268A OF THE ACT PROVIDES FOR THE THRESHOLD LI MIT IN TERMS OF THE TAX EFFECT FOR THE REVENUES APPEALS, REFERENCES, ETC., BEFORE THE HIGH APPELLATE AUTHORITIES, BEING THE APPELLATE TRIBUNAL; THE HON' BLE HIGH COURTS; AND THE HON'BLE SUPREME COURT, AND WHO SHALL, WHILE CONSIDE RING THOSE APPEALS, HAVE REGARD TO THE SAID LIMITS, TO BE PRESCRIBED BY THE BOARD FROM TIME TO TIME. THE EXTANT CIRCULAR DATED 10.12.2005 (SUPRA) PRESCRIBES THE MONETARY LIMIT FOR THE APPEALS BY THE REVENUE BEFORE THE TRIBUNAL AT . 10 LACS. FURTHER, THE CIRCULAR APPLIES TO THE PENDING APPEALS, I.E., APPEALS OUTST ANDING FOR DISPOSAL ON 10.12.2015, THE DATE FROM WHICH IT TAKES EFFECT, EV EN AS THE INSTANT APPEALS STAND PREFERRED BY THE REVENUE SUBSEQUENTLY IN 2016. THE APPEALS ARE ACCORDINGLY, AS POINTED OUT BY THE LD. AR, NOT MAINTAINABLE IN VIEW OF S. 268A. THE SAME ARE ACCORDINGLY DISMISSED AS NOT MAINTAINABLE. THE ASSEESSEES CROSS OBJECTION BEING SUPPORTIVE I N NATURE IS EQUALLY NOT MAINTAINABLE. 3 ITA NO.3326/MDS/2016 (CO.13/ MDS/2017) ASST. CIT V. V.V.R.SATHIYAM (AY 2010-11) 4. IN THE RESULT, BOTH THE REVENUES APPEAL AND THE ASSESSEES CO ARE DISMISSED. ORDER PRONOUNCED ON MARCH 09, 2017 AT CHENNAI . SD/- SD/- ( . ' $ %) ( ) ( G. PAVAN KUMAR ) ( SANJAY ARORA ) & / JUDICIAL MEMBER / ACCOUNTANT MEMBER /CHENNAI, 5 /DATED, MARCH 09, 2017. EDN 6 - /&178 98*1 /COPY TO: 1. +, /APPELLANT 2. /0+, /RESPONDENT 3. $ :1 ( )/CIT(A) 4. $ :1 /CIT 5. 8';< /&1& /DR 6. <=) > /GF