The DCIT, Ernakulam V. Sinkaram M. Chettiyar, Ernakulam

ITA 377/COCH/2015

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 96818 (ITAT-COCHIN)
• Duration Of Justice: 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2015
• Appeal Filed By: Department
• Bench Allotted: DB
• Next Hearing Date: 14-12-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 29-06-2015
• Court: TRIBUNAL
• Department Lawyers: K P GOPAKUMAR; TRIPTHI BISWAS
• Assessee Lawyers: K K CHANDRASEKHARAN
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH C OCHIN BEFORE S/SHRI B.P. JAIN, AM AND GEORGE GEOR GE K., JM I.T.A. NOS.376,377 & 378/COCH/2015 ASSESSMENT YEARS : 2006-07 TO 2008 -09 THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE, ERNAKULAM. VS. SINKARAM M. CHETTIYAR, ARUN NIVAS, AYYAPPANKAVU, ERNAKULAM. PAN:AHEPM6323R] (REVENUE -APPELLANT) (ASSESSEE- RESPONDENT) C.O. NOS.19 TO 21/COCH/2015 (ARSG. OUT OF I.T.A. NOS. 376 TO 378/COCH/2015) ASSESSMENT YEARS : 2006-07 TO 2008 -09 SINKARAM M. CHETTIYAR, ARUN NIVAS, AYYAPPANKAVU, ERNAKULAM. PAN:AHEPM6323R] VS. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE, ERNAKULAM. (ASSESSEE E -APPELLANT) (REVENUE-RESPONDENT) REVENUE BY SMT. TRIPTHI BISWAS, CIT/DR AND SHRI K.P. GOPAKUMAR, SR. DR ASSESSEE BY SHRI K.K. CHANDRASEKHARAN, ADV. DATE OF HEARING 14/12/2015 DATE OF PRONOUNCEMENT 14/12/2015 O R D E R PER BENCH THESE APPEALS BY THE REVENUE AND THE CROSS OBJ ECTIONS BY THE ASSESSEE ARISE FROM THE DIFFERENT ORDERS OF THE LD. CIT(A)-I V, KOCHI EACH DATED 30-03- 2015 FOR THE ASSESSMENT YEARS 2006-07 TO 2008-09. I.T.A. NOS.376-378/COCH/2015 & C.O. NOS.19-21/COCH/2015 2 2. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET POINTED OUT THAT IN VIEW OF THE LATEST CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, THE APPEALS OF THE DEPARTMENT ARE NOT MAINTAINABLE IN V IEW OF THE TAX EFFECT BEING LESS THAN THE MONETARY LIMIT PRESCRIBED BY TH E SAID CIRCULAR. THE TAX EFFECT IN FILING THE APPEALS BEFORE THE TRIBUNAL SH OULD BE ABOVE RS.10 LAKHS IN VIEW OF THE ABOVE SAID CIRCULAR. THE ABOVE CIRCU LAR HAS CLEARLY MENTIONED TO HAVE RETROSPECTIVE EFFECT AND IS TO HAVE APPLICA TION TO THE PENDING APPEALS. 3. THE LD. DR HAS ALSO AGREED TO WITHDRAW THE APPEA LS IN VIEW OF THE SAID CIRCULAR SINCE NONE OF THE EXEMPTIONS PROVIDED IN PARA 8 & 9 OF THE CIRCULAR FOR FILING AN APPEAL DESPITE THE TAX EFFE CT BEING LESS THAN MONETARY LIMIT PRESCRIBED BY THE SAID CIRCULAR IS APPLICABLE TO THE FACTS OF THE PRESENT CASES. ACCORDINGLY, THE APPEALS OF THE REVENUE ARE DISMISSED AS NOT MAINTAINABLE. 4. SINCE THE REVENUE APPEALS HEREINABOVE HAVE BE EN DISMISSED AS NOT MAINTAINABLE, ACCORDINGLY, THE CROSS OBJECTIONS FIL ED BY THE ASSESSEE BECOME INFRUCTUOUS. MOREOVER, ALL THE CROSS OBJECT IONS FILED BY THE ASSESSEE ARE SUPPORTIVE IN NATURE AND IN THE CIRCUM STANCES AND FACTS OF THE CASE, ALL THE CROSS OBJECTIONS BEARING NOS. 19 TO 2 1/COCH/2015 ARE DISMISSED. I.T.A. NOS.376-378/COCH/2015 & C.O. NOS.19-21/COCH/2015 3 IN THE RESULT, ALL THE APPEALS OF THE REVENUE A ND ALL THE CROSS OBJECTIONS OF THE ASSESSEE ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON 14-12-2015. SD/- SD/- (GEORGE GEORGE K.) (B.P. JAIN) JUDICIAL MEMBER ACC OUNTANT MEMBER PLACE: KOCHI DATED: 14TH DECEMBER, 2015 GJ COPY TO: 1. SINKARAM M. CHETTIYAR, ARUN NIVAS, AYYAPPANKAVU, ERNAKULAM. 2. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL C IRCLE, ERNAKULAM. 3. THE COMMISSIONER OF INCOME-TAX(APPEALS)-IV, KOCH I 4. THE COMMISSIONER OF INCOME-TAX, CENTRAL, KOCHI. 5. D.R., I.T.A.T.,COCHIN. 6. GUARD FILE. BY ORDER (ASSISTANT REGISTRAR) I.T.A.T., COC HIN