DCIT, CHENNAI V. Ani Constructions P Ltd., CHENNAI

ITA 775/CHNY/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4975 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 29-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . . . , !, # !$ BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ ITA NO.775/CHNY/2017 & C.O. NO.67/CHNY/2017 (IN I.T.A. NO.775/CHNY/2017) ' (' / ASSESSMENT YEAR : 2008-09 THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE -1(1), CHENNAI - 600 034. V. M/S ANI CONSTRUCTIONS PVT. LTD., 443, 5 TH FLOOR, GUNA COMPLEX, ANNA SALAI, TEYNAMPET, CHENNAI - 600 018. PAN : AACCA 4267 G (*+/ APPELLANT) ( RESPONDENT & CROSS OBJECTOR) *+ , - / APPELLANT BY : SHRI GURU BASHYAM, JCIT ./*+ , - / RESPONDENT BY : SH. SAROJ KUMAR PARIDA, ADVOCATE 0 , 1# / DATE OF HEARING : 02.08.2018 23( , 1# / DATE OF PRONOUNCEMENT : 02.08.2018 / 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) -1, CHENNA I, DATED 18.01.2017 AND PERTAINS TO ASSESSMENT YEAR 2008-09. THE ASSESSEE HAS FILED THE CROSS-OBJECTION IN SUPPORT O F THE ORDER OF THE 2 I.T.A. NO.775/CHNY/17 C.O. NO.67/CHNY/17 CIT(APPEALS). THEREFORE, WE HEARD BOTH THE APPEAL AND THE CROSS- OBJECTION TOGETHER AND DISPOSING OF THE SAME BY THI S COMMON ORDER. 2. THIS APPEAL OF THE REVENUE AND CROSS-OBJECTION O F THE ASSESSEE WERE EARLIER DISMISSED BY THIS TRIBUNAL BY AN ORDER DATED 06.09.2017 ON THE GROUND THAT THE TAX EFFECT INVOLV ED IN THE REVENUES APPEAL IS LESS THAN 10 LAKHS. HOWEVER, THE REVENUE FILED A MISCELLANEOUS PETITION ON THE GROUND THAT T HE TAX EFFECT IS MORE THAN 10 LAKHS. ACCORDINGLY, THE ORDER OF THIS TRIBUNAL DATED 06.09.2017 WAS RECALLED AND THE APPEAL OF THE REVEN UE AND THE CROSS-OBJECTION OF THE ASSESSEE WERE RESTORED ON TH E FILE. ACCORDINGLY, NOW IT WAS POSTED FOR FINAL DISPOSAL. 3. WHEN THE APPEAL AND THE CROSS-OBJECTION WERE TAK EN UP FOR HEARING, IT WAS VERY FAIRLY AGREED BY THE LD. D.R. AND THE LD.COUNSEL FOR THE ASSESSEE THAT THE TAX EFFECT INVOLVED IS LE SS THAN 20 LAKHS. THE CBDT HAS NOW REVISED THE MONETARY LIMIT FOR FIL ING APPEAL BY THE REVENUE BEFORE THIS TRIBUNAL. NOW, THE REVENUE HAS BEEN INSTRUCTED BY THE CBDT NOT TO FILE APPEAL BEFORE TH E TRIBUNAL WHEREVER THE TAX EFFECT IS LESS THAN 20 LAKHS. IN VIEW OF THE LATEST CIRCULAR OF THE CBDT DATED 11.07.2018, THE APPEAL O F THE REVENUE 3 I.T.A. NO.775/CHNY/17 C.O. NO.67/CHNY/17 IS NOT MAINTAINABLE, THEREFORE, THE APPEAL OF THE R EVENUE IS DISMISSED. 4. THE CROSS-OBJECTION IS ONLY TO SUPPORT THE ORDER OF THE CIT(APPEALS), THEREFORE, THE CROSS-OBJECTION HAS BE COME INFRUCTUOUS. 5. 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 AFTER CONCLUSI ON OF HEARING ON 2 ND AUGUST, 2018, AT CHENNAI. SD/- SD/- ( ! ) ( . . . ) (S. JAYARAMAN) (N.R.S. GANESAN) # / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 5 /DATED, THE 2 ND AUGUST, 2018. KRI. , .167 87(1 /COPY TO: 1. *+/ APPELLANT 2. ./*+/ RESPONDENT 3. 0 91 () /CIT(A)-1, CHENNAI 4. PRINCIPAL CIT, CHENNAI-1, CHENNAI 5. 7: .1 /DR 6. ;' < /GF.