Income Tax Officer, Madurai V. K.Shankar L/R of (Late) Shri K.R.Kanagavel (Estate), Madurai

ITA 499/CHNY/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 61111 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-05-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 07-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAYARAGAVAN
• Assessee Lawyers: V SANKAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI BEFORE SHRI ABRAHAM P.GEORGE, ACCOUNTANT ME MBER AND SHRI VIKAS AWASTHY, JUDICIAL MEMBER ITA NO.499/MDS/2012 (ASSESSMENT YEAR: 2006-07) THE INCOME TAX OFFICER, WARD 1(2), MADURAI. VS. SHRI K.SHANKAR, LEGAL HEIR OF LATE K.R.KANAGAVEL (ESTATE), 10, GOKHALE ROAD, MADURAI-625 002. PAN:AADHK9142C (APPELLANT) (RESPONDENT) APPELLANT BY : MR. JAYARAGAVAN, JCIT RESPONDENT BY : MR. V. SANKAR, C.A. DATE OF HEARING : 9 TH MAY, 2012 DATE OF PRONOUNCEMENT : 9 TH MAY, 2012 O R D E R PER VIKAS AWASTHY, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVEN UE AGAINST THE ORDER OF CIT(A)-I, MADURAI DATED 1 ST DECEMBER, 2011. 2. AT THE VERY OUTSET, AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE HAS RAISED A PRELIMINARY OBJECTION ABOUT T HE REVENUE HAVING FILED THIS APPEAL IN CONTRAVENTION O F THE CBDT INSTRUCTION NO.3 OF 2011 DATED 9 TH FEBRUARY, 2011, WHEREIN THE MONETARY LIMIT FOR FILING APPEALS BEFOR E THE TRIBUNAL IS INCREASED TO ` 3,00,000/-. AS SUCH, THIS APPEAL DESERVES TO BE DISMISSED IN LIMINE. ITA NO. 499/MDS/2012 2 3. THE DEPARTMENTAL REPRESENTATIVE APPEARING FOR TH E REVENUE COULD NOT CONTROVERT THE OBJECTION RAISED BY THE A.R OF THE ASSESSEE. HOWEVER, HE PLEADED THAT SINCE THE REVENUE HAS FILED THE APPEAL, THE SAME MAY BE DISPO SED OF BY THE TRIBUNAL ON MERITS. 4. WE HAVE GIVEN OUR CAREFUL CONSIDERATION TO THE R IVAL CONTENTIONS AND PERUSED THE RECORDS AND BOARDS INSTRUCTION. AS PER THE CBDT INSTRUCTION NO.3 OF 20 11 DATED 9.2.2011, THE PRESENT APPEAL IS NOT MAINTAINABLE. AS THE TAX EFFECT, IN THE PRESENT APPEAL, DOES NOT EXCEED TH E MONETARY LIMITS GIVEN IN THE INSTRUCTIONS (SUPRA), WE DO NO T DEEM IT APPROPRIATE TO GO INTO THE MERITS OF THE CASE. THUS , THE APPEAL IS LIABLE TO BE DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON WEDNESDAY, THE 9 TH OF MAY, 2012 AT CHENNAI. SD/- SD/- (ABRAHAM P.GEORGE) (VIKAS AWASTHY) ACCOUNTANT MEMBER JUDICIAL MEMBER CHENNAI, DATED THE 9 TH MAY, 2012. SOMU COPY TO: (1) APPELLANT (4) CIT(A) (2) RESPONDENT (5) D.R. (3) CIT (6) G.F.