ACIT CORP CITRCLE 1 (1), CHENNAI V. M/S ARJUN CHEMICALS PVT LTD, CHENNAI

ITA 478/CHNY/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2115 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 4 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 23-06-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 12-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME-TAX APPELLATE TRIBUNAL A BENCH, CHENNAI . , . , BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER & SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./ I.T.A. NOS. 478 & 479/CHNY/2018 / ASSESSMENT YEARS: 2013-14 & 2014-15 THE ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1(1), CHENNAI 600 034. VS. M/S. ARJUN CHEMICALS P. LTD., RVC TOWERS, II FLOOR, 149 VELACHERY- TAMBARAM HIGH ROAD, PALLIKARANAI, CHENNAI 600 100. [PAN:AAACA5195M] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI SURESH PERIASAMY, JCIT / RESPONDENT BY : NONE / DATE OF HEARING : 23.06.2021 /DATE OF PRONOUNCEMENT : 24.06.2021 / O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER: BOTH THE APPEALS FILED BY THE REVENUE ARE DIRECTED AGAINST SEPARATE ORDERS OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) 3, CHENNAI, BOTH DATED 30.11.2017 RELEVANT TO THE ASSESSMENT YEARS 2013-14 & 2014-15. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE SERVICE OF NOTICE OF HEARING THROUGH RPAD. HENCE, WE PROCEED TO DECIDE THE APPEALS AFTER HEARING THE LD. DR. I.T.A. NOS. 478 & 479/CHNY/18 2 3. WHEN THE APPEALS WERE TAKEN UP FOR HEARING, THE BENCH HAS NOTICED THAT THE TAX EFFECT IN THE APPEALS 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 CIRCULAR NO. 17/2019, DATED 08.08.2019. THE LD. DR FAIRLY CONCEDED THAT THE TAX EFFECT IS LESS THAN THE MONETARY LIMIT FIXED BY THE CBDT. 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 BOTH THE APPEALS AND THE APPEALS FILED BY THE REVENUE ARE LIABLE TO BE 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 APPEALS OF THE REVENUE ARE NOT ARISING OUT OF RAP OBJECTION AS NO SPECIFIC GROUND WAS RAISED IN THE GROUNDS OF APPEALS. 3. IN THE RESULT, BOTH THE APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED ON THE 24 TH JUNE, 2021 IN CHENNAI. SD/- SD/- (G. MANJUNATHA) ACCOUNTANT MEMBER (DUVVURU RL REDDY) JUDICIAL MEMBER CHENNAI, DATED, 24.06.2021 VM/- /COPY TO: 1. /APPELLANT, 2. / RESPONDENT, 3. ( )/CIT(A), 4. /CIT, 5. /DR & 6. /GF.