DCIT, CHENNAI V. Saravana Stores Foods Private Ltd., CHENNAI

ITA 360/CHNY/2016

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 3907 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 6 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 16-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: D ANAND
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B BENCH, CHENNAI . . . , , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ I.T.A.NOS.360 & 361/CHNY/2016 ( [ [ / ASSESSMENT YEARS: 2009-10 & 2012-13) THE DCIT, CENTRAL CIRCLE -1(2), CHENNAI 34. VS M/S. SARAVANA STORES FOODS PVT. LTD., NO.14/10, MOOPARAPPAN STREET, T.NAGAR, CHENNAI 600 017. PAN: AAGCS 3757J ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI AR.V. SREENIVASAN, JCIT / RESPONDENT BY : SHRI D. ANAND, ADVOCATE /DATE OF HEARING : 22.08.2019 /DATE OF PRONOUNCEMENT : 22.08.2019 / O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER: THE REVENUE FILED THESE APPEALS AGAINST THE COMMON ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-18, CHENNAI IN ITA NO.178 TO 183/CIT(A)18/14-15 DATED 04.02.2019 FOR THE ASSESSMENT YEAR 2009-10 & 2012-13 RESPECTIVELY. 2. AT THE TIME OF HEARING, THE LD.AR SUBMITTED THAT THE TAX EFFECT IN BOTH THE CASES IS BELOW RS.50 LAKHS AND HENCE THE REVENUES APPEALS WOULD BE COVERED BY THE CBDT CIRCULAR NO.17/2019 DATED 08.08.2019, FIXING 2 ITA NOS.360 & 361/CHNY/2016 THE MONETARY LIMIT OF RS.50 LAKHS. THE LD.DR ON VERIFICATION ADMITTED THAT THE TAX EFFECT INVOLVED IN THE APPEALS IS LESS THAN RS.50 LAKHS. 3. ON HEARING BOTH SIDES, WE FIND THAT THE TAX EFFECT IN BOTH THE CASES IS LESS THAN RS. 50 LAKHS. THE CBDT IN ITS CIRCULAR NO. 17/2019 DATED 08.08.2019 INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE TAX EFFECT IS LESS THAN RS. 50 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIRCULAR OF CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN THESE APPEALS. ACCORDINGLY, THESE APPEALS STANDS DISMISSED. 4. IN THE RESULT, THE APPEALS OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND AUGUST, 2019 AT CHENNAI. SD/- SD/- /CHENNAI, /DATED 22 ND AUGUST, 2019 RSR /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( ) /CIT(A) 4. /CIT 5. /DR 6. [ /GF ( . . . ) (N.R.S. GANESAN) / JUDICIAL MEMBER ( ) (S. JAYARAMAN) /ACCOUNTANT MEMBER