ACIT LARGE TAX PAYER UNIT 2, CHENNAI V. M/S INDIA JAPAN LIGHTING LIMITED, CHENNAI

ITA 716/CHNY/2018

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 9185 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 9 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2009-2010
• Appeal Filed On: 27-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R ANITHA IRS JCIT
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH : CHENNAI . . . , , [BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ] ./I.T.A. NOS. 716 & 717/CHNY/2018 ! / ASSESSMENT YEARS :2009-2010 & 2010-2011. THE ASSISTANT COMMISSIONER OF INCOME TAX, LARGE TAXPAYER UNIT-2, CHENNAI VS. M/S. INDIA JAPAN LIGHTING LIMITED, AALIM CENTRE, 2 ND FLOOR, 82, DR. RADHAKRISHNAN SALAI, MYLAPORE, CHENNAI 600 004. [PAN AAACI 2673L ] ( / APPELLANT) ( /RESPONDENT) '# $ % / APPELLANT BY : MS. R.ANITHA, IRS, JCIT. &' '# $ % /RESPONDENT BY : SHRI. SAROJ KUMAR PARIDA, ADV ( ) $ * /DATE OF HEARING : 18-12-2019 +,! $ * /DATE OF PRONOUNCEMENT : 18-12-2019 / O R D E R PER INTURI RAMA RAO, ACCOUNTANT MEMBER THESE ARE APPEALS FILED BY THE REVENUE DIRECTED AGAINST DIFFERENT ORDERS OF THE LEARNED COMMISSIONER OF INC OME TAX ITA NOS.716 &717/2018 :- 2 -: (APPEALS)-5, CHENNAI (CIT(A) FOR SHORT) DATED 11.12 .2017 FOR ASSESSMENT YEARS 2009-2010 & 2010-2011. 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN BOTH THE ASSESSMENT YEARS ARE LESS THAN RS.50 LAKHS AND THE REFORE, THE CIRCULAR NO. 17/2019 DATED 08.08.2019 ISSUED BY THE CENTRA L BOARD OF DIRECT TAXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 268A(1) OF THE IT ACT COMES INTO PLAY WHEREIN, THE MONETARY LI MIT FOR FILING THE APPEAL BY THE REVENUE BEFORE THE ITAT AND VARIOUS H IGH COURTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJECT OF TH E REDUCING THE TAX LITIGATION. VIDE PARA 3 OF THE SAID CIRCULAR (SUPRA ) IT IS STATED THAT IN CASES WHERE THE TAX EFFECT IN THE APPEALS TO BE FIL ED BEFORE THE APPELLATE TRIBUNAL DOES NOT EXCEED RS. 50 LAKHS APP EALS SHOULD NOT BE FILED. THUS TAKING A NOTE OF CBDT CIRCULAR NO. 17/2 019, DATED 08.08.2019 AND CONSIDERING THE FACT THAT THE TAX EF FECT IN THE INSTANT APPEALS ARE LESS THAN RS. 50 LAKHS, THE PRESENT APP EALS DESERVES TO BE DISMISSED AS NOT PRESSED / NOT MAINTAINABLE. HOWEVE R, WE MAKE IT CLEAR THAT THE ISSUES RAISED IN THE INSTANT APPEALS ARE LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF ARISES, IN FUTURE. AT THE SAME TIME, WE ALSO MAKE IT CLEAR THAT IF THE APPEAL S FALL IN ANY OF THE EXCEPTIONS REFERRED TO IN THE ABOVE SAID CBDT CIRCU LAR, THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THE ORDER IF SO ADVISED. ITA NOS.716 &717/2018 :- 3 -: ACCORDINGLY, IN THE LIGHT OF CBDT CIRCULAR NO.17/20 19 DATED 08/08/2019, THE APPEALS FILED BY THE REVENUE STAND DISMISSED. 3. IN THE RESULT, THE APPEALS FILED BY THE REVENUE STA ND DISMISSED. ORDER PRONOUNCED ON 18TH DAY OF DECEMBER, 2019, AT CHENNAI. SD/- SD/- ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( ) (INTURI RAMA RAO) /ACCOUNTANT MEMBER - ) / CHENNAI . / DATED:18TH DECEMBER, 2019. KV $ &*01 21!* / COPY TO: 1 . '# / APPELLANT 3. ( 3* () / CIT(A) 5. 16 &*7 / DR 2. &' '# / RESPONDENT 4. ( 3* / CIT 6. 8 9) / GF