ACIT, CHENNAI V. Dymos Lear Automotive India Private Limited, Kancheepuram

ITA 3332/CHNY/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6357 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 9 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-09-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 05-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: J PAVITRAN KUMAR
• Assessee Lawyers: TEENU MATHEW
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: CHENNAI , . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI S. JAYARAMAN , ACCOUNTANT MEMBER I .T.A. NO. 3332 /CHNY/201 8 ASSESSMENT YEAR : 200 9 - 2010 THE ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE RANGE 1, ROOM NO.603, 6 TH FLOOR, 6 TH FLOOR, NO.121, M.G. ROAD, CHENNAI 600 034. VS. M/S. DYMOS LEAR AUTOMOTIVE P. LIMITED, PLOT NO.A 6 & A7, SIPCOT INDUSTRIAL PARK, IRUNKATTUKOTTAI, SRIPERUMBUDUR, KANCHEEPURAM 602 117. [PAN: A ACCD 7225K ] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. J. PAVITRAN KUMAR , JCIT /RESPONDENT BY : M S . TEENU MATHEW, C.A / DATE OF HEARING : 10 .09 .2020 / DATE OF PRONOUNCEMEN T : 10.09.2020 / O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 4 , C HENNAI IN I.T.A. NO. 402/2016 - 17/A.Y.2009 - 10/CIT( A) - 4, DATED 1 9 . 09.2018 RELEVANT TO THE ASSESSMENT YEAR 20 09 - 20 10. 2. THERE IS A DELAY OF ONE DAY IN FILING THE APPEAL. THE ASSESSEE HAD FILED AN AFFIDAVIT WHEREIN HE HAS MADE A DETAILED SUBMISSION. FROM THE SUBMISSIONS THAT WERE MADE, WE FIND THAT THERE IS SUFFICIENT CAUSE TO CONDONE THE DELAY. ACCORDINGLY, THE DELAY IS CONDONED. I . T . A NO . 3332 /CHNY/201 8 : - 2 - : 2. AS FAR AS THE MERITS OF THE CASE IS CONCERNED, THE TAX EFFECT IN THE APPEAL FILED BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF .50,00,000/ - FIXED BY THE CBDT TO FILE AN APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AS PER THE CBDT CIRCULAR NO. 17/2019, DATED 08.08.2019. THE LEARNED DEPARTMENTAL REPRE SENTATIVE FAIRLY CONCEDED THE SUBMISSIONS MADE BY THE LEARNED COUNSEL FOR THE ASSESSEE. BEING SO, THE REVENUE AUTHORITIES ARE PRECLUDED FROM FILING THE APPEAL BEFORE THE TRIBUNAL, SINCE THE TAX EFFECT IS LESS THAN .50,00,000/ - IN THE APPEAL AND THUS, THE APPEAL FILED BY THE REVENUE IS LIABLE TO BE DISMISSED. THE DEPARTMENT IS AT LIBERTY TO SEEK RECALL OF THE ABOVE ORDER, IF THE TAX EFFECT IS ABOVE THE PRESCRIBED LIMIT AND MOREOVER THE LEARNED DEPARTMENTAL REPRESENTATIVE WAS NOT SURE ABOUT AS TO WHETHER THE ISSUE RAISED IN THE APPEAL OF THE REVENUE WAS NOT ARISING OUT OF RAP OBJECTION , AS NO SPECIFIC GROUND WAS RAISED IN THE GROUNDS OF APPEAL. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. O RDER PRONOUNCED IN THE OPEN COURT ON 10 TH SEPTEMBER, 2020 IN CHENNAI. SD/ - ( ) (V. DURGA RAO) /JUDICIAL MEMBER SD/ - ( . ) ( S. JAYARAMAN ) /ACCOUNTANT MEMBER / CHENNAI, / DATED: 10 TH SEPTEMBER , 2020 IA , SR. P.S /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. () /CIT(A) 4. /CIT 5. /DR 6. /GF I . T . A NO . 3332 /CHNY/201 8 : - 3 - :