ACIT, CHENNAI V. L.Mahavirchand, CHENNAI

ITA 942/CHNY/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 8126 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 8 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 01-02-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 10-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTH
• Assessee Lawyers: HEMALATHA
• Keywords: Tax effect
• Section: 143(3); 153A

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , C B ENCH, CHENNAI . , . , # $ BEFORE SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI G.PAVAN KUMAR, JUDICIAL MEMBER ( . / I.T.A.NO.942/MDS/2013 ( / ASSESSMENT YEAR : 2005-06) THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II(5), 46, NUNGAMBAKKAM HIGH ROAD, CHENNAI. VS MR. L.MAHAVIRCHAND, PROP:M/S.HARITA STORES, 6, SINGHVI HOUSE, LAKSHMANAN STREET, T.NAGAR, CHENNAI-600 017. PAN:AAQPS2142F ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. A.V.SREEKANTH, JCIT /RESPONDENT BY : MS. HEMALATHA, C.A. /DATE OF HEARING : 1 ST FEBRUARY, 2016 /DATE OF PRONOUNCEMENT : 5 TH FEBRUARY, 2016 / O R D E R PER A. MOHAN ALANKAMONY, AM: THIS APPEAL IS FILED BY THE REVENUE AGGRIEVED BY T HE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (AP PEALS)- I, CHENNAI DATED 28.02.2013 IN ITA NO.99/12-13 P ASSED UNDER SECTION 153A R.W.S. 143(3) OF THE ACT. 2. ON HEARING THE LEARNED DEPARTMENTAL REPRESENTATI VE, WE FIND THAT THE TAX EFFECT IN THE APPEAL IS LESS T HAN ` 10 LAKHS. THE CBDT IN ITS CIRCULAR NO.21/2015 DATED 10.12.201 5 INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING 2 ITA NO.942/MDS/2013 BEFORE THE ITAT WHERE THE TAX EFFECT IS LESS THAN ` 10 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THI S CIRCULAR OF CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN TH E APPEAL. ACCORDINGLY, THIS APPEAL STANDS DISMISSED. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 5 TH FEBRUARY, 2016 SD/- SD/- ( . ) ( . ) (G.PAVAN KUMAR) ( A.MOHAN ALANKAM ONY ) ! # / JUDICIAL MEMBER # / ACCOUNTANT MEMBER ! /CHENNAI, & /DATED 5 TH FEBRUARY, 2016 SOMU *+ ,+ /COPY TO: 1. APPELLANT 2. RESPONDENT 3. - () /CIT(A) 4. - /CIT 5. + 1 /DR 6. /GF .