ACIT, Madurai V. R.Bharagthwaj, Madurai

ITA 375/CHNY/2017

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 4780 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-04-2017
• Appeal Filed By: Department
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 13-02-2017
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTH
• Assessee Lawyers: NITHYA SANKARAN
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , C B ENCH, CHENNAI . , ! ' . #$ , % & BEFORE SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI DUVVURU RL REDDY, JUDICIAL MEMBER ./ I.T.A.NO.375/MDS/2017 ( / ASSESSMENT YEAR: 2006-07) THE ASST. COMMISSIONER OF INCOME TAX, NON CORPORATE CIRCLE 2, MADURAI VS SHRI R. BHARAGTHWAJ, 39, HARVEY NAGAR, II STREET, ARASARADI, MADURAI 625 016. PAN: ACIPB6349K ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI A.V. SREEKANTH, JCIT /RESPONDENT BY : MS. NITHYA SANKARAN, CA /DATE OF HEARING : 26.04.2017 ! /DATE OF PRONOUNCEMENT : 26.04.2017 / O R D E R PER A. MOHAN ALANKAMONY, AM:- THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) -2, MADURAI DATED 18.11.2016 IN ITA NO.0174/2014-15 FOR THE ASS ESSMENT YEAR 2006-07 PASSED U/S.250(6) R.W.S. 143(3) & 147 OF TH E ACT. 2. THE REVENUE HAS RAISED SEVERAL GROUNDS IN ITS AP PEAL, HOWEVER THE CRUX OF THE ISSUE IS THAT THE LD.CIT(A) HAS ERR ED IN DELETING THE ADDITION OF RS.76,126/- DUE TO DISALLOWANCE OF CERT AIN EXPENDITURE. 2 ITA NO.375/MDS/2017 3. AT THE OUTSET, THE LD.AR SUBMITTED BEFORE US THA T THE APPEAL IS NOT MAINTAINABLE DUE TO THE CIRCULAR NO.21/2013 DAT ED 10.12.2015 ISSUED BY THE CBDT WITH RESPECT TO MONETARY LIMIT. HENCE, IT WAS PLEADED THAT THE APPEAL OF THE REVENUE MAY BE DISMI SSED. THE LD. DR COULD NOT CONTROVERT TO THE SUBMISSION OF TH E LD.AR. 4. AFTER HEARING WE FIND MERIT IN THE SUBMISSION OF THE LD.AR. THE CBDT HAS DIRECTED THE REVENUE NOT TO FILE APPEAL BE FORE THE TRIBUNAL WHERE THE TAX EFFECT DOES NOT EXCEED RS.10 LAKHS. IN THE CASE OF THE ASSESSEE THE TAX EFFECT IS MUCH LESS THAN RS.10 LAK HS STIPULATED BY THE CBDT IN THE CIRCULAR SUPRA. THEREFORE, WE HEREBY H OLD THAT THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. 5. IN THE RESULT THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 26 TH APRIL, 2017. SD/- SD/- ( ! ' . #$ ) ( . ) ( DUVVURU RL REDDY ) ( A. MOHAN ALANKAMONY ) ' #$ /JUDICIAL MEMBER #$ / ACCOUNTANT MEMBER %' /CHENNAI, &# /DATED 26 TH APRIL, 2017 JR # () *) /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. - ( )/CIT(A) 4. - /CIT 5. )./ 0 /DR 6. /1 /GF