DCIT Corporate Circle 1(2), CHENNAI V. Bhartiya nabhikiya Vidyut Nigam Ltd., CHENNAI

MA 196/CHNY/2019

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 2912 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 1 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-09-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 25-08-2022
• Assessment Year: 2010-2011
• Appeal Filed On: 04-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Audit objection; Tax effect; Tax effect

Judgement Text

आयकर अपीलीय अिधकरण, ’ए’ Ɋायपीठ, चेɄई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI ŵी वी दुगाŊ राव Ɋाियक सद˟ एवं ŵी जी. मंजुनाथा, लेखा सद˟ के समƗ Before Shri V. Durga Rao, Judicial Member & Shri G. Manjunatha, Accountant Member M.P. Nos. 196, 197 & 198/Chny/2019 [In I.T.A. Nos.2424, 2425 & 2426/Chny/2018] Assessment Years: 2010-11, 2011-12 & 2012-13 The Assistant Commissioner of Income Tax, Corporate Circle 1(2), Chennai. Vs. M/s. Bhartiya Nabhikya Vidyut Nigam Ltd., Project Station Building, Bhavini, Kalpakkam, Chennai 603 102. [PAN:AACCB3460C] (Petitioner) (ŮȑथŎ/Respondent) Petitioner by : Shri AR. V. Sreenivasan, Addl. CIT ŮȑथŎ की ओर से/Respondent by : Shri Y. Sridhar, CA & B. Revathi, Adv. सुनवाई की तारीख/ Date of hearing : 26.08.2022 घोषणा की तारीख /Date of Pronouncement : 07.09.2022 आदेश /O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: The Revenue has filed three Miscellaneous Petitions against the order passed by the Tribunal in ITA Nos. 2424, 2425 & 2426/Chny/ 2018 dated 19.03.2019 relevant to the assessment years 2010-11, 2011-12 and 2012-13. 2. By referring to the miscellaneous petition, the ld. DR has submitted the ITAT has dismissed the appeals of the Revenue on low M.P. Nos.196-198/Chny/19 2 tax effect as per circular No. 3/2018 dated 11.07.2018 without considering the exceptional clause 10(c) of the circular, which is not in accordance with law. The ld. DR has filed letter dated 31.03.2017, which is at page 6 of paper book stating that the ld. PCIT has approved for reopening of the cases for the assessment years 2010-11 & 2011- 12 and it is very clear that the audit objection has been accepted. For the assessment year 2012-13 also approval has been granted for reopening of the case in pursuance to the audit objection. Therefore, it is clear that the audit objection has been accepted by the Department and prayed for recalling and restoring the appeals for fresh adjudication. 3. On the other hand, the ld. Counsel for the assessee has submitted that no specific ground of acceptance of audit objection was raised in the appeals filed by the Revenue. 4. We have heard both the parties and perused the orders of the ld. PCIT/CIT conveying approval for the proposal to reopen the cases in pursuance to audit objection, filed by the Department, which is covered under clause 10(c) of the Circular No. 3/2018, dated 11.07.2018 for the assessment year 2012-13 and the cumulative tax effect for all the three M.P. Nos.196-198/Chny/19 3 years i.e., 2010-11, 2011-12 and 2012-13 are above the prescribed monetary limit. Under the above facts and circumstances, we, hereby, recall the common appeal order in I.T.A. Nos. 2424, 2425 & 2426/Chny/2018 dated 19.03.2019 and restore the same for fresh adjudication. The Registry is directed to the post the appeal on regular course by issuing notices to both the parties. 5. In the result, all the miscellaneous petitions filed by the Revenue are allowed. Order pronounced on 07 th September, 2022 at Chennai. Sd/- Sd/- (G. MANJUNATHA) ACCOUNTANT MEMBER (V. DURGA RAO) JUDICIAL MEMBER Chennai, Dated, 07.09.2022 Vm/- आदेश की Ůितिलिप अŤेिषत/Copy to: 1. अपीलाथŎ/Appellant, 2.ŮȑथŎ/ Respondent, 3. आयकर आयुƅ (अपील)/CIT(A), 4. आयकर आयुƅ/CIT, 5. िवभागीय Ůितिनिध/DR & 6. गाडŊ फाईल/GF.