DCIT, CHENNAI V. Oirnetal Cuisines Pvt. Ltd., CHENNAI

ITA 538/CHNY/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 1323 (ITAT-CHENNAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 27-06-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 03-03-2017
• Court: TRIBUNAL

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH : CHENNAI . . . , , [BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ] ./I.T.A. NO. 538/CHNY/2017 ! / ASSESSMENT YEAR : 2009-10. DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 5(1) CHENNAI. VS. M/S. ORIENTAL CUISINES PVT LTD, NO.74, CATHEDRAL ROAD, CHENNAI 600 086. [PAN AAACO 5962G] ( / APPELLANT) ( /RESPONDENT) '# $ % / APPELLANT BY : SHRI. S. SRIDHAR, ADVOCATE &' '# $ % /RESPONDENT BY : MS. R. ANITHA, IRS, JCIT. ( ) $ * /DATE OF HEARING : 04-09-2019 +,! $ * /DATE OF PRONOUNCEMENT : 09-09-2019 / O R D E R PER INTURI RAMA RAO, ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGA INST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-3, CHEN NAI (CIT(A) FOR SHORT) DATED 30.11.2016 FOR THE ASSESSMENT YEAR ( AY) 2009-2010. ITA NO.538/2017 :- 2 -: 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN THIS CASE IS LESS THAN RS.50 LAKHS AND THEREFORE, THE CIRCULAR NO. 17/2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 268A(1) OF THE IT ACT COMES INTO PLAY WHEREIN, THE MONETARY LIMIT FOR FILING THE APPEAL B Y THE REVENUE BEFORE THE ITAT AND VARIOUS HIGH COURTS AS WELL AS APEX CO URT ARE REVISED WITH AN OBJECT OF THE REDUCING THE TAX LITIGATION. VIDE PARA 3 OF THE SAID CIRCULAR (SUPRA) IT IS STATED THAT IN CASES WHERE T HE TAX EFFECT IN THE APPEALS TO BE FILED BEFORE THE APPELLATE TRIBUNAL D OES NOT EXCEED B50 LAKHS APPEALS SHOULD NOT BE FILED. THUS TAKING A NO TE OF CBDT CIRCULAR NO. 17/2019, DATED 08.08.2019 AND CONSIDERING THE F ACT THAT THE TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN RS.50 LAK HS, THE PRESENT APPEAL DESERVES TO BE DISMISSED AS NOT PRESSED / NOT MAINT AINABLE. HOWEVER, WE MAKE IT CLEAR THAT THE ISSUES RAISED IN THE INST ANT APPEAL IS LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF A RISES, IN FUTURE. AT THE SAME TIME, WE ALSO MAKE IT CLEAR THAT IF THE AP PEAL FALL IN ANY OF THE EXCEPTIONS REFERRED TO IN THE ABOVE SAID CBDT C IRCULAR, THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR RE CALLING THE ORDER IF SO ADVISED. ACCORDINGLY, IN THE LIGHT OF CBDT CIRCULA R NO.17/2019 DATED 08/08/2019 THE APPEAL STANDS DISMISSED. ITA NO.538/2017 :- 3 -: 3. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DI SMISSED. ORDER PRONOUNCED ON 9TH DAY OF SEPTEMBER, 2019, AT CHENNAI. SD/- SD/- ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( ) (INTURI RAMA RAO) /AC COUNTANT MEMBER - ) / CHENNAI . / DATED:9TH SEPTEMBER, 2019. KV $ &*01 21!* / COPY TO: 1 . '# / APPELLANT 3. ( 3* () / CIT(A) 5. 16 &*7 / DR 2. &' '# / RESPONDENT 4. ( 3* / CIT 6. 8 9) / GF