ITO, Cuddalore V. Cuddalore Marketing Committee, Cuddalore

ITA 66/CHNY/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3217 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 10 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 20-06-2017
• Assessment Year: 2005-2006
• Appeal Filed On: 10-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R ANITHA
• Assessee Lawyers: S SRIDHAR
• Keywords: Tax effect

Judgement Text

, D , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI ... , ! , & BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ./ ITA NOS.66/CHNY/2017 ' ' /ASSESSMENT YEARS: 2005-06 THE INCOME-TAX OFFICER WARD-1, S.N.CHAVADI CUDDALOVE-607002 / V. CUDDALORE MARKETING COMMITTEE NO.1 JUDGE BUNGALOW ROAD, CUDDALORE-607001 ./ PAN : AAAAC1620K REVENUE BY : MS R. ANITHA JCIT ASSESSEE BY : MR S.SRIDHAR, ADV. + / DATE OF HEARING : 14.11.2019 + /DATE OF PRONOUNCEMENT : 14.11.2019 / O R D E R PER RAMIT KOCHAR, ACCOUNTANT MEMBER: THIS APPEAL IS FILED BY REVENUE IS DISPOSED OF BEC AUSE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.50 LACS AS PE R CBDT CIRCULAR NO.17/2019 (F.NO. 279/MISC.142/2007-ITJ (PT) ) DATE D 08 TH AUGUST, 2019 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, DEPA RTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, AMENDING PARA NO.3 AND 5 OF THE CBDT CIRCULAR NO.3 OF 2018 DATED 11.07.2018 AND ITS SUBSEQUENT AMENDMENT DATED 20.08.2018. I.T.A. NOS.66/CHNY/2017 2 2. THE LD. DR AT THE OUTSET SUBMITTED THAT TAX EFFE CT INVOLVED IN THIS APPEAL FILED BY REVENUE IS LESS THAN RS.50 LAC S AND THIS APPEAL IS COVERED BY CBDT CIRCULAR NO.17/2019 DATED 08.08 .2019 BEING A LOW TAX EFFECT APPEAL FILED BY THE REVENUE. IT IS A LSO EXPLAINED BY LEARNED DR THAT THIS APPEAL FILED BY REVENUE IS ALS O NOT HIT BY ANY OF THE EXCEPTIONS CARVED OUT IN AFORESAID CBDT CIRC ULAR. THE LEARNED COUNSEL FOR ASSESSEE STATED BEFORE THE BENC H THAT THIS APPEAL OF REVENUE IS LOW TAX EFFECT AND HENCE IS RE QUIRED TO BE DISMISSED AS COVERED BY AFORESAID CBDT CIRCULAR. 3. THE TAX EFFECT IN THIS APPEAL FILED BY REVENUE I S UNDISPUTEDLY BELOW RS.50 LACS AND THUS KEEPING IN VIEW CBDT CIRC ULAR NO.17/2019 (F.NO.279/MISC.142/2007-ITJ (PT)) DATED 08 TH AUGUST, 2019 ISSUED BY CENTRAL BOARD OF DIRECT TAXES, DEPA RTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, AMENDING PARA NO.3 AND 5 OF THE CBDT CIRCULAR NO.3 OF 2018 DATED 1107.2018 AND ITS SUBSEQUENT AMENDMENT DATED 20.08.2018, WE ARE I NCLINED TO DISMISS THIS APPEAL FILED BY REVENUE DUE TO LOW TAX EFFECT INVOLVED IN THIS APPEAL WHICH IS BELOW RS.50 LACS. WHILE DIS POSING OF THIS APPEAL FILED BY REVENUE DUE TO LOW TAX EFFECT VIDE AFORESAID CBDT CIRCULAR NO.17/2019 DATED 08.08.2019, WE CLARIFY TH AT WE HAVE NOT COMMENTED ON THE MERITS OF THE ISSUE IN THIS APPEAL . HOWEVER, AT THE SAME TIME WE ARE GRANTING LIBERTY TO REVENUE TH AT IF AT ANY STAGE REVENUE WANTS TO AGITATE THE MATTER/ISSUE IN THIS APPEAL IN ACCORDANCE WITH THE CLAUSES/EXCEPTIONS AS ARE CONTA INED IN THE AFORE-STATED CBDT CIRCULAR NUMBER 17/2019 DATED 08. 08.2018 READ WITH CBDT CIRCULAR NO 3/2018 DATED 11.07.2018 AS MO DIFIED ON 20.08.2018, THE REVENUE IS HEREBY GRANTED LIBERTY T O FILE MISCELLANEOUS APPLICATION PRAYING FOR RECALL OF THI S ORDER. WE ORDER ACCORDINGLY. I.T.A. NOS.66/CHNY/2017 3 4. IN THE RESULT, THIS APPEAL FILED BY REVENUE STA ND DISMISSED OWING TO LOW TAX EFFECT AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 14.11.2019. + - . 14.11.2019 + SD/- SD/- ( ... ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( ! ) (RAMIT KOCHAR) /ACCOUNTANT MEMBER /CHENNAI, . /DATED: 14 TH NOVEMBER, 2019. TLN + 0!1 21 /COPY TO: 1. 3 /APPELLANT 4. 4 /CIT 2. 053 /RESPONDENT 5. 1 0 /DR 3. 4 ( ) /CIT(A) 6. ' /GF