DCIT, CHENNAI V. JG Jewels Private Limited, CHENNAI

ITA 935/CHNY/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 9599 (ITAT-CHENNAI)
• Duration Of Justice: 11 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-04-2016
• Appeal Filed By: Department
• Bench Allotted: D
• Assessment Year: 2006-2007
• Appeal Filed On: 27-04-2015
• Court: TRIBUNAL
• Department Lawyers: MRS VIJAYA PRABHA
• Assessee Lawyers: S SRIDHAR
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME - TAX APPELLATE TRIBUNAL D BENCH, CHENNAI , . , BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER & SHRI DUVVURU RL REDDY , JUDICIAL MEMBER ./ I.T.A.NO. 935 /MDS/2015 / ASSESSMENT YEAR :2006 - 07 THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 3(1), CHENNAI. VS. M/S. JG JEWELS PRIVATE LIMITED [FORMERLY KNOWN AS M/S. SHEETAL JEWELS PRIVATE LTD., N O. 45/2, PERAMBUR CHETTY STREET, CHENNAI 600 021. [PAN: A AGCS1338E ] ( / APPELLANT ) ( / RESPONDENT ) / APPELLANT BY : MRS. VIJAYA PRABHA , JCIT / RESPONDENT BY : SHRI S. SRIDHAR , ADVOCATE / DATE OF HEARING : 06 . 0 4 .201 6 / DATE OF P RONOUNCEMENT : 26 . 0 4 .201 6 / O R D E R PER DUVVURU RL REDDY , JUDICIAL MEMBER : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) 19 , CHENNAI DATED 3 0 . 12 .201 4 RELEVANT TO THE ASSESSMENT YEAR 200 6 - 0 7 . 2. THE APPEAL OF THE REVENUE IS FOUND TO HAVE BEEN FILED LATE BY SEVEN DAYS. THE ASSESSING OFFICER HAS FILED AFFIDAVIT FOR CONDONATION OF DELAY. BY PLEADING THE R EASONS STATED IN THE AFFIDAVIT, THE LD. DR HAS REQUESTED FOR I.T.A. NO . 935 /M/ 1 5 2 CONDONING THE DELAY AND TO ADMIT THE APPEAL FOR HEARING. THE LD. COUNSEL FOR THE ASSESSEE HAS NOT SERIOUSLY OBJECT TO THE SUBMISSIONS OF THE LD. DR. ACCORDINGLY, WE CONDONE THE DELAY OF SEVEN DAY S IN FILING THE APPEAL AND ADMIT THE APPEAL FOR HEARING. 3 . AT THE TIME OF HEARING THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT IN THE APPEAL FILED BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF .10,00,000/ - FIXED BY THE CBDT TO FILE AN APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AS PER THE CBDT CIRCULAR NO. 21/2015, DATED 10.12.2015. THE LD. DR FAIRLY CONCEDED THE SUBMISSIONS MADE BY THE LD. COUNSEL FOR THE ASSESSEE. BEING SO, THE REVENUE AUTHORITIES ARE PRECLUDED FROM FILING THE APPEAL BEFORE THE TRIBUNAL, SINCE THE TAX EFFECT IS LESS THAN .10,00,000/ - IN THIS APPEAL. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS DISMISSED AS UN - ADMITTED. 4 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON THE 26 TH APRIL, 20 16 AT CHENNAI. SD/ - SD/ - ( CHANDRA POOJARI ) ACCOUNTANT MEMBER ( DUVVURU RL REDDY ) JUDICIAL MEMBER CHENNAI, DATED, THE 26 . 0 4 .201 6 VM/ - / COPY TO: 1. / APPELLANT , 2. / RESPONDENT , 3. ( ) / CIT(A) , 4. / CIT , 5. / DR & 6. / GF.