ACIT, Erode V. Zigma Technologies (I) (P) Limited, Erode

ITA 694/CHNY/2016

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 6839 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 9 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-12-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 22-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R ANITA
• Assessee Lawyers: S SRIDHAR
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, CHENNAI . , , BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER /. I.T.A. NO. 694/CHNY/2016 / ASSESSMENT YEAR : 2011-12 ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -1, NO. 15, GANDHIJI ROAD, ERODE 638 001. VS. M/S. ZIGMA TECHNOLOGIES (I) (P) LTD., NO. 747, AMRA COMPLEX, SKC ROAD, ERODE 638 001. [PAN: AACCT 0611K] ( / APPELLANT) ( / RESPONDENT) ' ( / APPELLANT BY : SHRI. R. ANITA, JCIT +,' ( / RESPONDENT BY : SHRI. S. SRIDHAR, ADVOCATE ( /DATE OF HEARING : 23.10.2019 ( /DATE OF PRONOUNCEMENT : 27.12.2019 / O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER: THE REVENUE FILED THIS APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-3, CHENNAI IN ITA NO. 235/14-1 5(A)-1 DATED 28.12.2015 FOR ASSESSMENT YEAR 2011-12. 2. AT THE TIME OF HEARING, THE LD. AR SUBMITTED TH AT THE TAX EFFECT IS BELOW RS.50 LAKHS AND HENCE THE REVENUES APPEAL WOULD BE COVERED BY THE CBDT :-2-: ITA NO.694/CHNY/2016 CIRCULAR NO.17/2019 DATED 08.08.2019, FIXING THE MO NETARY LIMIT OF RS.50 LAKHS. THE LD. DR ON VERIFICATION ADMITTED THAT TH E TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.50 LAKHS. 3. ON HEARING BOTH SIDES, WE FIND THAT THE TAX EFF ECT IN THIS CASE IS LESS THAN RS. 50 LAKHS. THE CBDT IN ITS CIRCULAR NO. 17/ 2019 DATED 08.08.2019 INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE TAX EFFECT IS LESS THAN RS. 50 LAKHS. TH IS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIRCULAR OF CBDT IS BI NDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCE ED FURTHER IN THIS APPEAL. ACCORDINGLY, THE APPEAL STANDS DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DIS MISSED. ORDER PRONOUNCED ON FRIDAY, 27 TH DECEMBER, 2019 AT CHENNAI. SD/- ( . ' ) (DUVVURU RL REDDY) $% /JUDICIAL MEMBER SD/- ( ) (S. JAYARAMAN) % /ACCOUNTANT MEMBER /CHENNAI, 1 /DATED: 27 TH DECEMBER, 2019 JPV (+3454 /COPY TO: 1. ' / APPELLANT 2. +,' /RESPONDENT 3. 6 ) ( /CIT(A) 4. 6 /CIT 5. 4+ /DR 6. 9 /GF