ACIT Non Corporate Circle 1, Coimbatore V. P.Elango, Coimbatore

ITA 773/CHNY/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 1200 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 5 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 05-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R ANITHA
• Keywords: Tax effect

Judgement Text

KK , , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, CHENNAI . . . , ! ' # , % #& BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ./ ITA NO.773/CHNY/2018 & C.O. NO.84/CHNY/2018 (IN I.T.A. NO.773/CHNY/2018) ) *) / ASSESSMENT YEAR : 2010-11 THE ASSISTANT COMMISSIONER OF INCOME TAX, NON CORPORATE CIRCLE 1, COIMBATORE - 641 018. V. SHRI P. ELANGO, 156/18, 2 ND FLOOR, PARSN TRADE PLAZA, DR. NANJAPPA ROAD, COIMBATORE 641 018. PAN : AACPE 0727 G (,-/ APPELLANT) ( RESPONDENT & CROSS-OBJECTOR) ,- . / / APPELLANT BY : MS. R. ANITHA, JCIT 01,- . / / RESPONDENT BY : NONE 2 . 3% / DATE OF HEARING : 03.09.2019 45* . 3% / DATE OF PRONOUNCEMENT : 03.09.2019 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-2, COIMBATORE, DATED 18.12.2017 AND PERTAINS TO ASSESSMENT YEAR 2010-11. THE ASSES SEE HAS FILED A CROSS-OBJECTION AGAINST THE VERY SAME ORDER OF THE CIT(APPEALS). HENCE, 2 I.T.A. NO.773/CHNY/18 C.O. NO.84/CHNY/18 WE HEARD BOTH THE APPEAL AND THE CROSS-OBJECTION TO GETHER AND DISPOSING THE SAME BY THIS COMMON ORDER. 2. ON HEARING THE LD. DEPARTMENTAL REPRESENTATIVE, WE FIND THAT THE TAX EFFECT IN THIS CASE IS LESS THAN ` 50 LAKHS. THE CBDT IN ITS CIRCULAR NO.17/2019 DATED 08.08.2019 INCREASED THE MONETARY LIMIT FOR FILING APPEAL BEFORE THIS TRIBUNAL AND INSTRUCTED ITS OFFI CERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE TAX EFFEC T IS LESS THAN ` 50 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIRCULAR OF CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN THIS APPEAL. ACC ORDINGLY, THIS APPEAL STANDS DISMISSED. 3. THE ASSESSEE HAS FILED THE CROSS-OBJECTION ONLY TO SUPPORT THE ORDER OF THE CIT(APPEALS). THEREFORE, THE CROSS-OB JECTION OF THE ASSESSEE BECOMES INFRUCTUOUS. 4. IN THE RESULT, BOTH THE APPEAL OF THE REVENUE AN D THE CROSS- OBJECTION OF THE ASSESSEE STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 3 RD SEPTEMBER, 2019 AT CHENNAI. SD/- SD/- ( ! ' # ) ( . . . ) (INTURI RAMA RAO) (N.R.S. GANESAN) % / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 3 I.T.A. NO.773/CHNY/18 C.O. NO.84/CHNY/18 7 /DATED, THE 3 RD SEPTEMBER, 2019. KRI. . 0389 :9*3 /COPY TO: 1. ,- /APPELLANT 2. 01,- /RESPONDENT 3. 2 ;3 () /CIT(A)-2, COIMBATORE 4. PRINCIPAL CIT-1, COIMBATORE 5. 9< 03 /DR 6. ) = /GF.