ACIT, CHENNAI V. P.Palanivel, CHENNAI

ITA 660/CHNY/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 90765 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 3 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 27-08-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 12-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A B KOLI
• Assessee Lawyers: N DEVANATHAN
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , D BEN CH, CHENNAI . , ' $ % , & ' BEFORE SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER I.T.A.NO . 660/MDS/2013 & C.O.NO.92/MDS/2013 (IN ITA NO.660/MDS/2013) ( / ASSESSMENT YEAR: 2008-09) DEPUTY COMMISSIONER OF INCOME TAX, BUSINESS CIRCLE-IV, CHENNAI. VS MR. P.PALANIVEL, 2, 3 RD CROSS STREET, 3 RD MAIN ROAD, JAGANNATHAPURAM. VELACHERI,CHENNAI-600 042. PAN: AAHPP7907L ( /APPELLANT) (RESPONDENT/CROSS OBJECTOR) APPELLANT BY : MR. A.B. KOLI, JCIT RESPONDENT BY : MR. N.DEVANATHAN, ADVOCATE /DATE OF HEARING : 29 TH JULY, 2015 /DATE OF PRONOUNCEMENT : 31 ST JULY, 2015 / O R D E R PER BENCH: THIS APPEAL IS FILED BY THE REVENUE AND THE CROSS OBJECTION IS FILED BY THE ASSESSEE AGAINST THE ORDE R OF THE COMMISSIONER OF INCOME TAX (A-VIII), CHENNAI DATED 14.12.2012 FOR THE ASSESSMENT YEAR 2008-09. 2. THE REVENUE IN ITS APPEAL CONTENDED THAT COMMISSIONER OF INCOME TAX (APPEALS) ERRED IN DELET ING THE ADDITIONS MADE BY THE ASSESSING OFFICER OF ` 10,04,061/- MADE BY THE ASSESSING OFFICER TOWARDS DISALLOWANCE OF BUSINESS LOSS. 2 ITA NO.660/MDS/2013 & C.O.NO.92/MDS/2 013 3. AT THE OUTSET, COUNSEL FOR THE ASSESSEE SUBMITS THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN FOUR LAK HS TO WHICH THE DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION. 4. ON GOING THROUGH THE RECORDS, WE FIND THAT THE T AX EFFECT INVOLVED IN THIS APPEAL OF THE REVENUE IS LESS THA N ` 4,00,000/-. IN VIEW OF THE CBDT CIRCULAR NO.5 OF 20 14 DATED 10.07.2014, THE REVENUE IS PRECLUDED FROM FILING O F APPEALS BEFORE THE TRIBUNAL , WHEN THE TAX EFFECT IS LESS THAN RUPEES FOUR LAKHS. AS HELD BY THE KOLKATA BENCH OF THIS T RIBUNAL IN THE CASE OF ITO VS. SRI SUJIT PANDEY IN ITA NO.1914 /KOL/2012 DATED 10.09.2014, CBDT INSTRUCTION NO.5 OF 2014 DAT ED 10.7.2014 IS APPLICABLE TO PENDING APPEALS ALSO. SI MILAR VIEW HAS BEEN TAKEN BY THE MUMBAI BENCH OF THE TRIBUNAL IN A RECENT CASE OF ITO VS. FOBEOZ INDIA (P) LTD., 41 IT R (TRIB) 62. THEREFORE, THIS APPEAL DESERVES TO BE DISMISSED AS NOT MAINTAINABLE. 5. THE CROSS OBJECTION FILED BY THE ASSESSEE IS IN SUPPORT OF THE ORDER OF THE COMMISSIONER OF INCOME TAX (APP EALS) AND SINCE WE HAVE DISMISSED THE APPEAL OF THE REVEN UE, THE 3 ITA NO.660/MDS/2013 & C.O.NO.92/MDS/2 013 CROSS OBJECTION BECOMES INFRUCTUOUS AND THE SAME IS DISMISSED ACCORDINGLY. 6. IN THE RESULT, APPEAL OF THE REVENUE AND CROSS O BJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST JULY, 2015 . SD/- SD/- ( . ) ( ' %& ' ) ( A.MOHAN ALANKAMONY ) ( CHALLA NAGENDRA PRASAD ) ) / ACCOUNTANT MEMBER % ) / JUDICIAL MEMBER % /CHENNAI, , /DATED 31 ST JULY, 2015 SOMU '/0 10 / COPY TO: 1. ASSESSEE 2. ASSESSING OFFICER 3. 2 () /CIT(A) 4. 2 /CIT 5. 0 '5 /DR 6. /GF .