ITO, CHENNAI V. S.Chandrasekaran, CHENNAI

ITA 611/CHNY/2015

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 90370 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-05-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 28-05-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 27-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR B NISCHAL
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B B ENCH, CHENNAI . . , ! # $ , % ' BEFORE SHRI D.KARUNAKARA RAO, ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER ./ I.T.A.NO . 611/MDS/2015 ( / ASSESSMENT YEAR: 2008-09) THE INCOME TAX OFFICER, NON-CORPORATE WARD-21(1) CHENNAI-600 034. VS MR. S.CHANDRASEKARAN, 95/3, MIG FLATS, 11 TH AVENUE ASHOK NAGAR, CHENNAI-600 083.. PAN:AAFPC8673C ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : DR. B.NISCHAL, JCIT /RESPONDENT BY : NONE /DATE OF HEARING : 28 TH MAY, 2015 /DATE OF PRONOUNCEMENT : 28 TH MAY, 2015 / O R D E R PER CHALLA NAGENDRA PRASAD, JM: THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORD ER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-IV, CHENN AI DATED 03.10.2014 FOR THE ASSESSMENT YEAR 2008 - 09. THE REVENUE HAS CHALLENGED THE ORDER OF THE COMMISSION ER OF INCOME TAX (APPEALS) IN DELETING DISALLOWANCE OF CL AIM OF ` 5,00,000/- MADE UNDER SECTION 10(10C) OF THE ACT. 2. DESPITE NOTICE, NONE APPEARED ON BEHALF OF THE ASSESSEE. THEREFORE, WE PROCEED TO DISPOSE OFF THE APPEAL 2 ITA NO.611 /MDS/2015 AFTER PERUSING THE RECORDS AND HEARING THE DEPARTME NTAL REPRESENTATIVE. 3. ON GOING THROUGH THE ORDERS OF LOWER AUTHORITIES , WE FIND THAT TAX AMOUNT INVOLVED IN THIS CASE IS ONLY ` 1,88,610/- WHICH IS FAR BELOW OF ` 4,00,000/-. IN VIEW OF THE CBDT CIRCULAR NO.5 OF 2014 DATED 10.07.2014, THE REVENU E IS PRECLUDED FROM FILING OF APPEALS BEFORE THE TRIBUNA L , WHEN THE TAX EFFECT IS LESS THAN RUPEES FOUR LAKHS. AS HELD BY THE KOLKATA BENCH OF THIS TRIBUNAL IN THE CASE OF ITO V S. SRI SUJIT PANDEY IN ITA NO.1914/KOL/2012 DATED 10.09.2014, CB DT INSTRUCTION NO.5 OF 2014 DATED 10.7.2014 IS APPLICA BLE TO PENDING APPEALS ALSO. THEREFORE, THIS APPEAL DESERV ES TO BE DISMISSED AS NOT MAINTAINABLE. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D ACCORDINGLY. ORDER PRONOUNCED IN THE OPEN COURT ON 28TH MAY, 2015. SD/- SD/- ( . $ ) ( & () ) (D.KARUNAKARA RAO) (CHALLA NAGENDR A PRASAD ) + / ACCOUNTANT MEMBER ( + / JUDICIAL MEMBER ( /CHENNAI, - /DATED 28 TH MAY, 2015 SOMU 3 ITA NO.611 /MDS/2015 /0 10 /COPY TO: 1. APPELLANT 2. RESPONDENT 3. 2 () /CIT(A) 4. 2 /CIT 5. 0 6 /DR 6. /GF .