ACIT, CHENNAI V. M.Balasubramaniam, CHENNAI

ITA 814/CHNY/2017

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 4433 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 03-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PAVUNA SUNDARIJCIT
• Assessee Lawyers: K BALASUBR AMANIAN
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI . . . , , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ ITA NO. : 814/MDS/2017 / ASSESSMENT YEAR : 2010-11 & CO NO.51/MDS/2017 THE ACIT, NON CORPORATE CIRCLE 1(1), CHENNAI. V. SHRI M. BALASUBRAMANIAM, NO.3, 6 TH CROSS STREET, NANDANAM EXTENSION, CHENNAI 600 035. PAN: ACIPB2455L ( /APPELLANT) ( /RESPONDENT) /APPELLANT BY : MS. PAVUNA SUNDARI,JCIT /RESPONDENT BY : SHRI K. BALASUBRAMANIAN, ADV OCATE /DATE OF HEARING : 31.05.2017 /DATE OF PRONOUNCEMENT : 31.05.2017 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE O RDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-2, CHENNAI DAT ED 27.01.2017 AND PERTAINS TO THE ASSESSMENT YEAR 2010-11. THE AS SESSEE HAS ALSO FILED CROSS OBJECTION IN SUPPORT OF THE ORDER OF TH E CIT(APPEALS). 2. WHEN THE APPEAL IS TAKEN FOR HEARING BOTH THE LD . COUNSEL FOR THE ASSESSEE SHRI K. BALASUBRAMANIAN AND THE LD. DE PARTMENTAL 2 I.T.A. NOS. 814/MDS/2017 C.O. NO.51/MDS/ 2017 REPRESENTATIVE MS. PAVUNA SUNDARI SUBMITTED THAT TH E TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10 LAKHS. IN VIEW OF THE LATEST CIRCULAR ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT), INSTRUCTING ITS OFFICERS NOT TO FILE AN APPEAL BEFO RE THIS TRIBUNAL, WHEREIN THE TAX EFFECT IS LESS THAN RS.10 LAKHS, THIS TRIBUN AL IS OF THE CONSIDERED OPINION THAT THE APPEAL FILED BY THE REV ENUE IS NOT MAINTAINABLE. ACCORDINGLY THE APPEAL OF THE REVENUE STANDS DISMISSED. 3. THE ASSESSEE FILED CROSS OBJECTION ONLY TO SUPPOR T THE ORDER OF CIT(APPEALS). THE CROSS OBJECTION OF THE ASSESSEE IS INFRUCTUOUS. ACCORDINGLY THE SAME IS DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE AND THE CROSS OBJECTION OF THE ASSESSEE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST MAY, 2017 AT CHENNAI. SD/- SD/- ( ) (S. JAYARAMAN) /ACCOUNTANT MEMBER ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER /CHENNAI, /DATED, THE 30 TH MAY, 2017. JR. /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. !'# /DR 6. $% /GF