DCIT, Cuddalore V. Shri Suresh Chand, Vriddhachalam

ITSSA 8/CHNY/2012

• Counselvise Citation: [2016] 122 COUNSELVISE.COM (IT) 1483 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 8 month(s) 10 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 12-01-2016
• Appeal Filed By: Department
• Bench Allotted: C
• Next Hearing Date: 12-01-2016
• Assessment Year: misc
• Appeal Filed On: 02-05-2012
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTH
• Assessee Lawyers: S SRIDHAR
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : CHENNAI . . . , . ! , ' # $ [ BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ] ./ I.T.(SS)A.NO.8/MDS/2012 BLOCK PERIOD 1997-98 TO 2003-04 & 2004-05(PART) THE DY. COMMISSIONER OF INCOME-TAX CIRCLE I CUDDALORE VS. SHRI SURESH CHAND 164-166, BAZAAR STREET VRIDHACHALAM [PAN AAWPS 3579 C ] ( %& / APPELLANT) ( '(%& /RESPONDENT) / APPELLANT BY : SHRI A. V SREEKANTH, JCIT /RESPONDENT BY : SHRI S SRIDHAR, ADVOCATE / DATE OF HEARING : 12 - 012016 / DATE OF PRONOUNCEMENT : 12 - 01 - 2016 / O R D E R PER N.R.S.GANESAN, JUDICIAL MEMBER THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-I, CHENNA I, DATED 11.01.2012 AND PERTAINS TO BLOCK PERIOD 1997-98 TO 2003-04 & 2004- 05(PART). 2. ON HEARING THE LD. DEPARTMENTAL REPRESENTATIVE, WE FIND THAT THE TAX EFFECT IN THIS CASE IS LESS THAN ` 10 LAKHS. THE CBDT IN ITS CIRCULAR NO.21/2015 DATED 10.12.2015 INSTRUCTED ITS OFFICERS TO IT(SS)A NO. 8/12 :- 2 -: WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WH ERE THE TAX EFFECT IS LESS THAN ` 10 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPIN ION THAT THIS CIRCULAR OF CBDT IS BINDING ON THE OFFICERS OF THE DEPARTMENT. THEREFORE, THE REVENUE CANNOT PROCEED FURTHER IN TH IS APPEAL. ACCORDINGLY, THIS APPEAL STANDS DISMISSED. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ON 12 TH JANUARY, 2016, AT CHENNAI. SD/- SD/- ( . ! ) (A. MOHAN ALANKAMONY) ' / ACCOUNTANT MEMBER ( . . . ) (N.R.S. GANESAN) / JUDICIAL MEMBER ! / CHENNAI '# / DATED: 12 TH JANUARY, 2016 RD #$%&'(' / COPY TO: 1 . / APPELLANT 4. ) / CIT 2. / RESPONDENT 5. '* +%%,- / DR 3. ). / CIT(A) 6. + /01 / GF