ACIT, Trichy V. M/s. Vignesh Flat Housing Promoters, Srirangam

ITA 438/CHNY/2011

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 8315 (ITAT-CHENNAI)
• Duration Of Justice: 4 year(s) 10 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 05-01-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 07-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A B KOLI IRS
• Assessee Lawyers: S SRIDHAR
• Keywords: Tax effect
• Section: 143(3); 153A

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI , . ! , '!# BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI G. PAVAN KUMAR, JUDICIAL MEMBER ./ I.T.A.NO. 438/MDS2011 ' $ %$ / ASSESSMENT YEAR : 2008-2009. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE I, TIRUCHIRAPALLAI. VS. M/S. VIGNESH FLAT HOUSING PROMOTERS, NO.100-C, GANDHI ROAD, SRIRANGAM 620 006. [PAN AACFV 5520C ] ( / APPELLANT) ( /RESPONDENT) &' ( ) / APPELLANT BY : SHRI. A.B. KOLI, IRS, JCIT. *+&' ( ) /RESPONDENT BY : S. SRIDHAR, ADVOCATE ( , / DATE OF HEARING : 05-01-2016 -.% ( , / DATE OF PRONOUNCEMENT : 08-01-2016 / O R D E R PER G. PAVAN KUMAR, JUDICIAL MEMBER : THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST ORDER OF COMMISSIONER OF INCOME-TAX (APPEALS)-1, TIRUCHI RAPALLI IN ITA NO.237/09-10, DATED 15.12.2010 FOR THE ASSESSMENT Y EAR 2008-2009 PASSED U/S. 153A R.W.S. 143(3) AND 250 OF THE INCOM E TAX ACT, 1961. ITA NO.438/MDS/2011 :- 2 -: 2. REVENUE RAISED GROUND AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) DELETING THE ADDITION TOWARDS CASH PAYMENT IN RESPECT OF ANDALPURAM LAND OF THE ASSESSEE. 3. AT THE TIME OF HEARING, BOTH THE PARTIE S FAIRLY CONCEDED THAT TAX EFFECT IN THIS APPEAL IS ;9,80,650/- WHICH IS LESS THAN MONETARY LIMIT OF ; 10,00,000/- FIXED BY THE CBDT TO FILE A N APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AS PER THE CBDT CIRCULA R NO.21/2015, DATED 10 TH DECEMBER, 2015. BEING SO, THE REVENUE AUTHORITIES ARE PRECLUDED FROM FILING THE APPEAL BEFORE THE TRIBUNA L, AS THE TAX EFFECT IS LESS THAN ;10,00,000/- IN THIS APPEAL. ACCORDI NGLY, THIS APPEAL IS DISMISSED AS NON-ADMITTED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IN ITA NO.438/MDS/2011 IS DISMISSED. ORDER PRONOUNCED ON FRIDAY, THE 8TH DAY OF JANUARY, 2016 AT CHENNAI. SD/- SD/- ( ) (CHANDRA POOJARI) / ACCOUNTANT MEMBER ( . ! ) (G. PAVAN KUMAR) /JUDICIAL MEMBER / CHENNAI / / DATED: 08.01.2016 KV 0 ( *',23 43%, / COPY TO: 1 . &' / APPELLANT 3. 5, () / CIT(A) 5. 389 *',' / DR 2. *+&' / RESPONDENT 4. 5, / CIT 6. 9:$ ; / GF