DCIT, CHENNAI V. EDAC Industrial Services Ltd., CHENNAI

MA 154/CHNY/2017

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 5309 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 4 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 12-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B SAGADEVAN
• Assessee Lawyers: D ANAND
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI ... , . !' , # $ BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER %% / M.P. NO.154/CHNY/2017 (IN I.T.A. NO.181/MDS/2016) & '& / ASSESSMENT YEAR : 2012-13 THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 2(1), CHENNAI. V. M/S EDAC INDUSTRIAL SERVICES LTD., NO.88, MOUNT ROAD, GUINDY, CHENNAI - 600 032. PAN : AACCE 4370 N ()*& /PETITIONER) ()+*,/ RESPONDENT) )*& . / /PETITIONER BY : SHRI B. SAGADEVAN, JCIT )+*, . / / RESPONDENT BY : SHRI D. ANAND, ADVOCATE 0 . 1# / DATE OF HEARING : 28.09.2018 2!' . 1# / DATE OF PRONOUNCEMENT : 28.09.2018 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THE REVENUE HAS FILED THE PRESENT MISCELLANEOUS PETITION ON THE GROUND THAT THERE IS AN ERROR IN THE ORDER O F THIS TRIBUNAL DATED 23.03.2016. 2 M.P. NO.154/CHNY/17 2. SHRI B. SAGADEVAN, THE LD. DEPARTMENTAL REPRESEN TATIVE, SUBMITTED THAT THIS TRIBUNAL DISMISSED THE APPEAL O F THE ASSESSEE ON THE GROUND THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN 10 LAKHS. ACCORDING TO THE LD. D.R., ACTUALLY THE TAX EFFECT IS 15,43,040/-. ON A QUERY FROM THE BENCH WHY THE APP EAL SHOULD NOT BE DISMISSED IN VIEW OF THE LATEST CIRCULAR OF THE CBDT WHICH HAS FIXED THE MONETARY LIMIT AT 20 LAKHS FOR FILING THE APPEAL BEFORE THIS TRIBUNAL? THE LD. D.R. SUBMITTED THAT HE IS L EAVING THE MATTER TO THE DISCRETION OF THIS TRIBUNAL. 3. WE HEARD SHRI D. ANAND, THE LD.COUNSEL FOR THE A SSESSEE ALSO. THE CBDT IN ITS LATEST CIRCULAR, REVISED THE MONETARY LIMIT FOR FILING THE APPEAL BEFORE THIS TRIBUNAL AND FIXED TH E MONETARY LIMIT AT 20 LAKHS. THEREFORE, THIS TRIBUNAL IS OF THE CONSI DERED OPINION THAT IN VIEW OF THE REVISED MONETARY LIMIT FIXED BY THE CBDT, THE PETITION FILED BY THE REVENUE IS NOT MAINTAINABLE. THEREFOR E, NO PURPOSE WOULD BE SERVED IF THE ORDER IS RECALLED. IN VIEW OF THE ABOVE, THIS TRIBUNAL DO NOT FIND ANY MERIT IN THE PETITION FILE D BY THE REVENUE. 4. WITH THE ABOVE OBSERVATION, THE MISCELLANEOUS PE TITION FILED BY THE REVENUE STANDS DISMISSED. 3 M.P. NO.154/CHNY/17 ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSI ON OF HEARING ON 28 TH SEPTEMBER, 2018 AT CHENNAI. SD/- SD/- (. !' ) ( ... ) (A. MOHAN ALANKAMONY) (N.R.S. GANESAN) # / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 4 /DATED, THE 28 TH SEPTEMBER, 2018. KRI. . )15% 6%'1 /COPY TO: 1. )*& / PETITIONER 2. )+*, /RESPONDENT 3. 0 71 () /CIT(A) 4. 0 71 /CIT 5. %8 )1 /DR 6. 9& : /GF.