ACIT, CHENNAI V. Devika Rajaram, CHENNAI

ITA 961/CHNY/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2539 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 11 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-03-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 27-02-2018
• Assessment Year: 2007-2008
• Appeal Filed On: 13-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, C BENCH : CHENNAI , . , [BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI DUVVURU RL REDDY , JUDICIAL MEMBER ] !' ./I.T.A. NO.961/CHNY/2016. #$% &$ / ASSESSMENT YEAR : 2007-2008. THE ASSISTANT COMMISSIONER OF INCOME TAX, NON CORPORATE CIRCLE 3, CHENNAI. VS. MS. DEVIKA RAJARAM, NO.19/12, REDHILLS ROAD, (SOUTH) VILLIVAKKAM, CHENNAI 600 049. !' ./W.T.A. NOS.11 & 12/CHNY/2016. #$% &$ / ASSESSMENT YEARS : 2005-06 & 2006-2007. THE ASSISTANT COMMISSIONER OF INCOME TAX, NON CORPORATE CIRCLE 3, CHENNAI. VS. MS. DEVIKA RAJARAM, NO.19/12, REDHILLS ROAD, (SOUTH) VILLIVAKKAM, CHENNAI 600 049. [PAN AEVPD 4064J] ( / APPELLANT) ( /RESPONDENT) !' '( ) * / APPELLANT BY : SHRI. ABANI KANTA NAYAK, CIT. +,'( ) * /RESPONDENT BY : SHRI. S. SRIDHAR, ADVOCATE # - ) . /DATE OF HEARING : 17-03-2020 /0&% ) . /DATE OF PRONOUNCEMENT : 17-03-2020 ITA NO.961 /16 & WTA NO.11 & 12/16 :- 2 -: / O R D E R PER INTURI RAMA RAO, ACCOUNTANT MEMBER THESE ARE APPEALS FILED BY THE REVENUE DIRECTED A GAINST DIFFERENT ORDERS OF THE LEARNED COMMISSIONER OF INC OME TAX (APPEALS)- 4, CHENNAI (HEREINAFTER CALLED AS CIT(A)) FOR THE ASSESSMENT YEARS 2007-2008, 2005-06 & 2006-2007. 2. I T IS STATED BEFORE US THAT THE TAX EFFECT IN ALL TH ESE CASES ARE LESS THAN F.50 LAKHS AND THEREFORE, THE CIRCULAR NO . 17/2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT T AXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 268A(1) OF THE IT ACT COMES INTO PLAY WHEREIN, THE MONETARY LIMIT FOR FILING TH E APPEAL BY THE REVENUE BEFORE THE ITAT AND VARIOUS HIGH COURTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJECT OF THE REDUCING TH E TAX LITIGATION. VIDE PARA 3 OF THE SAID CIRCULAR (SUPRA) IT IS STATED TH AT IN CASES WHERE THE TAX EFFECT IN THE APPEALS TO BE FILED BEFORE THE AP PELLATE TRIBUNAL DOES NOT EXCEED F.50 LAKHS APPEALS SHOULD NOT BE FILED. THUS TAKING A NOTE OF CBDT CIRCULAR NO. 17/2019, DATED 08.08.2019 AND CONSIDERING THE FACT THAT THE TAX EFFECT IN THE INSTANT APPEALS ARE LESS THAN F 50 LAKHS, THE PRESENT APPEALS DESERVES TO BE DISMISSED AS NOT PRESSED / NOT MAINTAINABLE. HOWEVER, WE MAKE IT CLEAR THAT THE IS SUES RAISED IN THE INSTANT APPEALS ARE LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE ITA NO.961 /16 & WTA NO.11 & 12/16 :- 3 -: PROCEEDINGS, IF ARISES, IN FUTURE. AT THE SAME TIM E, WE ALSO MAKE IT CLEAR THAT IF THE APPEALS FALL IN ANY OF THE EXCEPT IONS REFERRED TO IN THE ABOVE SAID CBDT CIRCULAR, THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THE ORDER IF SO ADVISED. ACCORDINGLY, IN THE LIGHT OF CBDT CIRCULAR NO.17/2019 DATED 08/08/2019, THE APPEALS FILED BY THE REVENUE STAND DISMISSED. 3. IN THE RESULT, THE APPEALS FILED BY THE REVENUE STA ND DISMISSED. ORDER PRONOUNCED ON 17 TH DAY OF MARCH, 2020, AT CHENNAI. SD/- SD/- ( . ! ) (DUVVURU RL REDDY) ' # /JUDICIAL MEMBER ( ) (INTURI RAMA RAO) /ACCOUNTANT MEMBER 1 #- / CHENNAI 2# / DATED:17 TH MARCH, 2020. KV 3 ) +.4 5' !6 5&. / COPY TO: 1 . !' '( / APPELLANT 3. 7. (!' ) / CIT(A) 5. 5 :; +.#< / DR 2. +,'( / RESPONDENT 4. 7. / CIT 6. ;$ =- / GF