New Woodlands Hotel Private Limited, CHENNAI V. DCIT Corporate Circle 4(2), CHENNAI

MA 148/CHNY/2019

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 5621 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-12-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 24-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A SOUNDARARAJAN
• Assessee Lawyers: BEEMA BHAT C A
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : CHENNAI . . . , , [BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ] M.P.NOS.147 & 148/CHNY/2019 (IN ./I.T.A. NO. 2508 & 2509/CHNY/2017 ! / ASSESSMENT YEARS : 2013-2014 & 2014-15. M/S. NEW WOODLANDS HOTEL PVT. LTD, 71-75, DR. RADHAKRISHNAN ROAD, MYLAPORE, CHENNAI 600 034. [PAN AAACN 2043D] VS. THE DEPUTY COMMISSIONER OF INCOME TAX, COMPANY CIRCLE 4(2) CHENNAI. ( / APPELLANT) ( /RESPONDENT) '# $ % / APPELLANT BY : SHRI. BEEMA BHAT, C.A. &' '# $ % /RESPONDENT BY : SHRI. A. SOUNDARARAJAN, ADDL. CIT ( ) $ * /DATE OF HEARING : 06-12-2019 +,! $ * /DATE OF PRONOUNCEMENT : 11-12-2019 / O R D E R PER INTURI RAMA RAO, ACCOUNTANT MEMBER THESE MISCELLANEOUS PETITIONS WERE FILED BY THE ASS ESSEE SEEKING RECALL OF THE ORDERS PASSED BY THIS TRIBUNAL ON 30. 01.2019 FOR ASSESSMENT YEARS 2013-14 AND 2014-2015 IN ITA NOS.2 508 & MP NOS.147 & 148/2019 :- 2 -: 2509/CHNY/2017 AND PRAYING FOR DISMISSAL THE APPEA LS FILED BY THE REVENUE FOR LOW TAX EFFECT. 2. THE LD. AUTHORISED REPRESENTATIVE SUBMITTED THAT W HEN THE APPEALS WERE HEARD BY THIS TRIBUNAL, THE APPEALS FI LED BY THE REVENUE WERE DISMISSED AS NON MAINTAINABLE FOR LOW TAX EFFE CT. HOWEVER, THE TRIBUNAL ALLOWED THE APPEALS FILED BY THE REVENUE O N MERITS. THUS, IT IS SUBMITTED THAT THE ORDER PASSED BY THIS TRIBUNAL NEEDS TO BE RECALLED AND SHOULD BE DISMISSED FOR LOW TAX EFFECT . 3. ON THE OTHER HAND, THE LD. DEPARTMENTAL REPRESENT ATIVE HAD NOT CONTROVERTED THE SUBMISSIONS MADE BY THE L D. AUTHORISED REPRESENTATIVE. 4. HAVING REGARD TO THE SUBMISSIONS MADE BY THE ASSES SEE, ORDERS PASSED BY THIS TRIBUNAL IN ITA NOS.2508 & 25 09/CHNY/2017 FOR ASSESSMENT YEARS 2013-2014 AND 2014-15 DATED 30.01. 2019 ARE HEREBY RECALLED AND THE APPEALS FILED BY THE REVEN UE STAND DISMISSED FOR LOW TAX EFFECT WITH THE FOLLOWING OBSERVATIONS. THE TAX EFFECT IN THESE CASES ARE LESS THAN RS . 50 LAKHS `AND THEREFORE, THE CIRCULAR NO. 17/2019 DATED 08.08.20 19 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) IN EXER CISE OF ITS POWER VESTED UNDER SEC. 268A(1) OF THE IT ACT COMES INTO PLAY WHEREIN, THE MONETARY LIMIT FOR FILING THE APPEAL B Y THE REVENUE BEFORE THE ITAT AND VARIOUS HIGH COURTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJECT OF THE REDUCI NG THE TAX MP NOS.147 & 148/2019 :- 3 -: LITIGATION. VIDE PARA 3 OF THE SAID CIRCULAR (SUPRA ) IT IS STATED THAT IN CASES WHERE THE TAX EFFECT IN THE APPEALS T O BE FILED BEFORE THE APPELLATE TRIBUNAL DOES NOT EXCEED RS. 5 0 LAKHS APPEALS SHOULD NOT BE FILED. THUS TAKING A NOTE OF CBDT CIRCULAR NO. 17/2019, DATED 08.08.2019 AND CONSIDER ING THE FACT THAT THE TAX EFFECT IN THE INSTANT APPEALS ARE LESS THAN RS. 50 LAKHS, THE PRESENT APPEALS DESERVES TO BE DISMIS SED AS NOT PRESSED / NOT MAINTAINABLE. HOWEVER, WE MAKE IT CLE AR THAT THE ISSUES RAISED IN THE INSTANT APPEALS ARE LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS, IF ARISES, IN FUTURE. AT THE SAME TIME, WE ALSO MAKE IT CLEAR THAT IF THE APPEALS FALL IN ANY OF THE EXCEPTIONS REFERRED TO IN THE ABOVE S AID CBDT CIRCULAR, THE REVENUE IS AT LIBERTY TO MOVE AN APPL ICATION FOR RECALLING THE ORDER IF SO ADVISED. ACCORDINGLY, IN THE LIGHT OF CBDT CIRCULAR NO.17/2019 DATED 08/08/2019, THE APPE ALS FILED BY THE REVENUE STAND DISMISSED. 5. IN THE RESULT, THE MISCELLANEOUS PETITIONS FILED BY THE ASSESSEE STAND ALLOWED. ORDER PRONOUNCED ON 11TH DAY OF DECEMBER, 2019, AT CHENNAI. SD/- SD/- ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( ) (INTURI RAMA RAO) /ACCOUNTANT MEMBER - ) / CHENNAI . / DATED:11TH DECEMBER, 2019 KV $ &*01 21!* / COPY TO: 1 . '# / APPELLANT 3. ( 3* () / CIT(A) 5. 16 &*7 / DR 2. &' '# / RESPONDENT 4. ( 3* / CIT 6. 8 9) / GF