ACIT, CHENNAI V. Subramanyan Kumar, CHENNAI

ITA 575/CHNY/2017

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 1889 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 9 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-12-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 07-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A SUNDARARAJANADDL
• Assessee Lawyers: K RAVI
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B BENCH, CHENNAI . . . , , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ./ I.T.A.NO.575/CHNY/2017 ( [ [ / ASSESSMENT YEAR: 2011-12) THE ASST. COMMISSIONER OF INCOME TAX, NON-CORPORATE CIRCLE 16, CHENNAI 34. VS SHRI SUBRAMANYAN KUMAR, NO.198, ST. MARYS ROAD, ABHIRAMAPURAM, CHENNAI 600 018. PAN: AFOPK0172L ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI A. SUNDARARAJAN,ADDL. CIT / RESPONDENT BY : SHRI K. RAVI, ADVOCATE /DATE OF HEARING : 09.12.2019 /DATE OF PRONOUNCEMENT : 09.12.2019 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)4, CHENNAI DATED 30.12.2016 AND PERTAINS TO THE ASSESSMENT YEAR 2011-12. 2. ON HEARING THE LD. DEPARTMENTAL REPRESENTATIVE, WE FIND THAT THE TAX EFFECT IN THIS CASE IS LESS THAN ` 50 LAKHS. THE CBDT IN ITS 2 I.T.A. NO. 575/CHNY/2017 CIRCULAR NO.17/2019 DATED 08.08.2019 INCREASED THE MONETARY LIMIT FOR FILING APPEAL BEFORE THIS TRIBUNAL AND INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE TAX EFFECT IS LESS THAN ` 50 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIRCULAR OF CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN THIS APPEAL. ACCORDINGLY, THIS APPEAL STANDS DISMISSED. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 9 TH DECEMBER, 2019 AT CHENNAI. SD/- SD/- ( ) (RAMIT KOCHAR) /ACCOUNTANT MEMBER ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER /CHENNAI, /DATED, THE 9 TH DECEMBER, 2019. RSR /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. [ /GF