ITO, Ward 1(2), Salem V. The Salem Agricultural Producers Co-operative Marketing Society Ltd, Salem

ITA 365/CHNY/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8420 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 6 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-08-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 19-08-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 14-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME-TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . , . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./ I.T.A. NO.365/CHNY/2019 / ASSESSMENT YEAR: 2015-16 THE INCOME TAX OFFICER, WARD 1(2), ROOM NO. 304 NEW BUILDING, NO. 3, GANDHI ROAD, SALEM 636 007. VS. M/S. THE SALEM AGRICULTURAL PRODUCERS CO-OPERATIVE MARKETING SOCIETY LTD., NO. 305, MAIN ROAD, SURAMANGALAM, SALEM 636 009. [ PAN: AAAAT3150D] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MS. R. ANITA, JCIT /RESPONDENT BY : SHRI S. SRIDHAR, ADVOCATE, ERODE / DATE OF HEARING : 19.08.2021 /DATE OF PRONOUNCEMENT : 19.08.2021 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS), SALEM, DATED 14.11.2018 RELEVANT TO THE ASSESSMENT YEAR 2015-16. 2. WHEN THE APPEAL WAS TAKEN UP FOR HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT 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 I.T.A. NO. 365/CHNY/2019 2 CIRCULAR NO. 17/2019, DATED 08.08.2019. THE LD. DR FAIRLY CONCEDED THE SUBMISSIONS MADE BY THE LD. 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 THIS APPEAL AND THE APPEAL FILED BY THE REVENUE IS LIABLE TO BE DISMISSED. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS DISMISSED. HOWEVER, THE DEPARTMENT IS AT LIBERTY TO SEEK RECALL OF THE ABOVE ORDER SINCE, THE LD. DR WAS NOT SURE ABOUT AS TO WHETHER THE ISSUE RAISED IN THE APPEAL OF THE REVENUE IS NOT ARISING OUT OF RAP OBJECTION AS NO SPECIFIC GROUND WAS RAISED IN THE GROUNDS OF APPEAL. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON THE 19 TH AUGUST, 2021 AT CHENNAI. SD/- SD/- (G. MANJUNATHA) ACCOUNTANT MEMBER (V. DURGA RAO) JUDICIAL MEMBER CHENNAI, DATED, THE 19.08.2021 VM/- /COPY TO: 1. / APPELLANT, 2. / RESPONDENT, 3. ( ) /CIT(A), 4. /CIT, 5. /DR & 6. /GF.