ITO, Namakkal V. S.A.63, Kolli Hills Powerkadu Hill Tribes Lamp Co-operative Society Ltd., Rasipuram

ITA 3364/CHNY/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 4519 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-05-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 17-05-2017
• Assessment Year: 2012-2013
• Appeal Filed On: 15-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V NANDAKUMAR IRS
• Assessee Lawyers: T VASUDEVAN
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL B (SMC) BENCH : CHENNAI [BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER ] ./I.T.A. NO.3364/MDS/2016 / ASSESSMENT YEAR : 2012-2013. INCOME TAX OFFICER, WARD 3, NAMAKKAL. VS. M/S. S.A. 63, KOLLI HILLS POWERKADU HILL TRIBES LAMP CS LTD, POWER KADU POST, RASIPURAM TK, NAMAKKAL DIST. [PAN AAAAS 8842H] ( / APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI. V. NANDAKUMAR, IRS, JCIT. /RESPONDENT BY : SHRI. T. VASUDEVAN, ADVOCATE /DATE OF HEARING : 17-05-2017 ! /DATE OF PRONOUNCEMENT : 17-05-2017 / O R D E R THIS IS AN APPEAL FILED BY THE DEPARTMENT AGAINST T HE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEAL S), SALEM, IN APPEAL NO. 09/15-16, DATED 29.09.2016 FOR THE ASSES SMENT YEAR 2012- 2013. ITA NO. 3364/MDS/2016 :- 2 -: 2. SHRI. V. NANDAKUMAR REPRESENTED ON BEHALF OF THE RE VENUE AND SHRI. T. VASUDEVAN, REPRESENTED ON BEHALF OF TH E ASSESSEE. 3. LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMIT TED THAT DEPARTMENTAL APPEAL WAS AGAINST DISALLOWANCE OF C33 ,10,066/- LEVIED U/S. 80P(2)(A)(I) OF THE INCOME TAX ACT, 1961 (IN S HORT THE ACT) WHICH WAS DELETED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS). AS PER LD. AUTHORISED REPRESENTATIVE TAX EFFECT WAS LESS THAN TEN LAKHS, BY VIRTUE OF CBDT CIRCULAR NO.21/2015, DATED 10.12. 2015, THE APPEAL WILL NOT LIE. 4. PER CONTRA, LD. DEPARTMENTAL REPRESENTATIVE FAIRLY AGREED THAT C33,10,066/- DISALLOWANCE DELETED BY THE LD. C OMMISSIONER OF INCOME TAX (APPEALS) AND TAX EFFECT THEREOF WAS LE SS THAN THE LIMIT MENTIONED IN THE CBDT CIRCULAR. 5. I HAVE CONSIDERED THE RIVAL SUBMISSIONS. BY VIRTUE OF CIRCULAR NO.21/2015, DATED 10.12.2015, AN APPEAL OF THE REVE NUE WOULD NOT LIE ITA NO. 3364/MDS/2016 :- 3 -: BEFORE THIS TRIBUNAL WHERE THE TAX EFFECT IS LESS T HAN C10,00,000/-. 6. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON WEDNESDAY, THE 17 TH DAY OF MAY , 2017, AT CHENNAI. SD/- ( GEORGE MATHAN) / JUDICIAL MEMBER '# / CHENNAI $% / DATED:17TH MAY, 2017 KV %&'' ()'*) / COPY TO: ' 1 . / APPELLANT 3. ' +',- / CIT(A) 5. )./' 0 / DR 2. / RESPONDENT 4. ' + / CIT 6. /1'2 / GF