ITO, Namakkal V. S-782, Mudalaipatty PACB Ltd., Namakkal

ITA 947/CHNY/2015

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 90613 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-07-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 27-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DASGUPTA IRS
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH : CHENNAI . . . , ! ' , # $% & [ BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ] ./ I.T.A.NO.947/MDS/2015 / ASSESSMENT YEAR : 2010-2011 THE INCOME TAX OFFICER, WARD -2, NAMAKKAL . VS. M/S.S-782, MUDALAIPATTY PACB LTD, MUDALAIPATTY PUDUR, MUDALAIPATTY POST, NAMAKKAL 637 003. [PAN AAAAM 4290K ] ( '( / APPELLANT) ( )*'( /RESPONDENT) / APPELLANT BY : SHRI. DASGUPTA, IRS, JCIT. /RESPONDENT BY : NONE. / DATE OF HEARING : 13.07.2015 / DATE OF PRONOUNCEMENT : 13.07.2015 / O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER THIS APPEAL BY REVENUE IS DIRECTED AGAINST THE OR DER OF THE COMMISSIONER OF INCOME-TAX (APPEALS), SALEM, DATED 29.01.2015 FOR THE ASSESSMENT YEAR 2010-2011. 2. THE CRUX OF THE GROUND OF THE REVENUE IS THAT THE C OMMISSIONER OF INCOME TAX (APPEALS) ALLOWED THE DEDUCTION CLAIM ED BY THE ITA NO.947/MDS/2015 :- 2 -: ASSESSEE U/S.80P(2)(A)(I) AND U/S.80P(2)(D) OF TH E INCOME TAX ACT, 1961. 3. NONE APPEARED FOR THE ASSESSEE. WE TAKE UP THE CA SE TO DECIDE ON MERITS AFTER HEARING THE LD. DEPARTMENTAL REPRESENTATIVE. WE HAVE GONE THROUGH THE CASE RECORDS. AS SEEN FRO M THE ORDER OF LOWER AUTHORITIES, THE TAX EFFECT IN THIS APPEAL IS B3,54,052/- WHICH IS LESS THAN MONETARY LIMITS FIXED BY THE CBDT TO FILE APPEAL BY THE REVENUE AS PER CBDT CIRCULAR NO.5/2014, DATED 10 TH JULY, 2014 WHEREIN THE MONETARY LIMIT IS FIXED AT B4,00,000/- TO FILE APPEAL BEFORE THE TRIBUNAL. BEING SO, THE REVENUE AUTHORITIES AR E PRECLUDED FROM FILING OF APPEAL IN THIS CASE. ACCORDINGLY, THIS A PPEAL IS DISMISSED AS NON-ADMITTED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IN ITA NO.947/MDS/2015 IS DISMISSED. ORDER PRONOUNCED ON MONDAY, THE 13TH DAY OF JULY, 2015, AT CHENNAI. !'# $ % ( . . . & ) (N.R.S. GANESAN) / JUDICIAL MEMBER !'# $ % % ( ! ' ) (CHANDRA POOJARI) # / ACCOUNTANT MEMBER % '( / CHENNAI )* / DATED:13.07.2015 KV *+ ,- .- /COPY TO: 1. # APPELLANT 2. / RESPONDENT 3. / ( )/CIT(A) 4. / /CIT 5. -01 2 /DR 6. 13 4 /GF.