ACIT, Pondicherry V. Shri R.Venugopal, Pondicherry

ITA 897/CHNY/2011

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 51687 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-08-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 01-08-2011
• Assessment Year: 2004-2005
• Appeal Filed On: 13-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: V JAGADISAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI BEFORE DR. O.K. NARAYANAN, VICE-PRESIDENT AND SHRI GEORGE MATHAN, JUDICIAL MEMBER I.T.A. NO. 897/MDS/2011 ASSESSMENT YEAR : 2004-05 THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-I, PONDICHERRY. V. SHRI R. VENUGOPAL, P/O M/S. SRINIVAS & CO., NO. 107, VELLALA STREET, PONDICHERRY. (PAN : ABQPV4820J) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SHAJI P. JACOB, SR. DR RESPONDENT BY : SHRI V. JAGADISAN, CA O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER : THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE LEARNED CIT(APPEAL S)-XII, CHENNAI IN ITA NO. 554/2007-08 DATED 9.2.2011 FOR THE ASSESSMENT YEAR 2004-05. 2. SHRI SHAJI P. JACOB, LEARNED SR. DR REPRESENTED ON BEHALF OF THE REVENUE AND SHRI V. JAGADISAN, CA REPRESENTED ON BEHALF OF THE ASSESSEE. 3. AT THE TIME OF HEARING, IT WAS FAIRLY AGREED BY BOTH THE SIDES THAT THEQ TAX EFFECT IN THE APPEAL OF THE REVENUE WAS BELOW ` 3 LAKHS. 4. WE HAVE CONSIDERED THE SUBMISSIONS AND FIND THAT THE TAX EFFECT IN THIS CASE IS BELOW ` 3 LAKHS, THE AMOUNT FIXED BY THE CENTRAL BOARD OF DIRECT TAXES FOR FILING I.T.A. NO.897/MDS/2011 2 APPEALS BEFORE INCOME TAX APPELLATE TRIBUNAL VIDE I NSTRUCTION NO.3/2011 (F.NO. 279/MISC.142/2007-ITJ) DATED 09-02-2011. 5. FURTHER IN THE CASE OF CIT V. ASSOCIATED AGENCIE S, CHENNAI-600 034 REPORTED IN 295 ITR 496, THE HONBLE MADRAS HIGH COURT HAS H ELD THAT APPEALS CANNOT BE FILED IN VIOLATION OF THE CBDT CIRCULAR. THE HONBL E MADRAS HIGH COURT HAD ALSO REFERRED TO THE JUDGMENT OF HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF CIT VS. DIGVIJAY SINGH REPORTED IN (2007) 292 ITR 3 14, THE JUDGMENT OF HONBLE BOMBAY HIGH COURT IN THE CASE OF CIT VS. ZOEB Y. TO PIWALS (2006) 284 ITR 379 AND ALSO ANOTHER JUDGMENT OF HONBLE BOMBAY HIGH CO URT IN THE CASE OF CIT VS. CAMCO COLOUR CO., (2002) 254 ITR 565 FOR THE PROPOS ITION THAT DIRECTIONS ISSUED BY THE BOARD ARE BINDING ON THE DEPARTMENT AND APPE ALS FILED WHERE THE TAX EFFECT IS LESS THAN THAT PROVIDED IN THE SAID INSTR UCTION IS NOT MAINTAINABLE. 6. HENCE, IN VIEW OF THE SAID CIRCULAR AND RESP ECTFULLY FOLLOWING THE PRECEDENTS FROM HONBLE JURISDICTIONAL HIGH COURT ABOVE, THE A PPEAL IS DISMISSED IN LIMINE. 7. IN THE RESULT, THIS APPEAL BY THE REVENUE STANDS DISMISSED IN LIMINE. 8. THE ORDER WAS PRONOUNCED IN THE COURT ON 01 ST AUGUST, 2011. SD/- SD/- (DR. O.K. NARAYANAN) (GEORGE MATHAN) VICE PRESIDENT JUDICIAL MEMBER CHENNAI, DATED THE 01 ST AUGUST, 2011. H. COPY TO: ASSESSEE/AO/CIT (A)/CIT/D.R./GUARD FILE