ACIT Non Corporate Circle 1(1), CHENNAI V. C.R.Narayana Rao LLP, CHENNAI

MA 229/CHNY/2018

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 2251 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-04-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 16-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R CLEMENT RAMES KUMAR IRS
• Assessee Lawyers: R K V SUNDAR
• Keywords: Audit objection; Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : CHENNAI . . . , ! . '#'$ , % !& ' [BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER ] M.P.NO.229/CHNY/2018 (IN ./I.T.A. NO.2968/CHNY/2017) / ASSESSMENT YEAR : 2008-2009 THE ASSISTANT COMMISSIONER OF INCOME TAX, NON CORPORATE CIRCLE 1(1) (FORMERLY KNOWN AS BUSINESS CIRCLE I) CHENNAI. VS. M/S. C R NARAYANA RAO, LLP, NO.10, KARPAGAMBAL NAGAR, MYLAPORE, CHENNAI 600 004. [PAN AAEFC 3272C] ( () / APPELLANT) ( *+() /RESPONDENT) / APPELLANT BY : SHRI. R.CLEMENT RAMES KUMAR, IRS, ADDL. CIT /RESPONDENT BY : SHRI. R.K.V. SUNDAR, ADVOCATE /DATE OF HEARING : 12-04-2019 ! /DATE OF PRONOUNCEMENT : 12-04-2019 / O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER REVENUE THROUGH THIS MISCELLANEOUS PETITION SEEKS RECALL OF AN ORDER DATED 30.05.2018 OF THIS TRIBUNAL IN ITA 2968 /CHNY/2017. 2. LD. COUNSEL FOR THE REVENUE SUBMITTED THAT THIS TRI BUNAL HAD DISMISSED THE APPEAL OF THE REVENUE CITING CBDT CIR CULAR NO.21/2015, DATED 10.12.2015. AS PER THE LD. DEPARTMENTAL REPR ESENTATIVE, THOUGH THE MP NO. 229/2018 :- 2 -: TAX EFFECT IN THE APPEAL WAS LESS THAN B10,00,000/- , IT WAS FILED BY THE REVENUE CONSIDERING PARA NO.6/IIA & 24/IIA), IN T ERMS OF PARA 8 (C) OF BOARDS CIRCULAR NO.21/2015, DATED 10.12.2015. IN SUPPORT OF THIS, LD. DEPARTMENTAL REPRESENTATIVE PLACED ON RECORD A GIST OF THE COMMUNICATION RELATING TO AUDIT OBJECTIONS RAISED ON THE DISALLO WANCE MADE U/S.14A OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT), WHICH WAS DELETED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS). 3. PER CONTRA, LD. AUTHORISED REPRESENTATIVE SUBMITTED THAT LD. COMMISSIONER OF INCOME TAX (APPEALS) HAD FOLLOWED T HE DECISION OF THE TRIBUNAL IN ASSESSEES OWN CASE FOR ASSESSMENT YEA R 2012-2013, WHILE DELETING THE DISALLOWANCE MADE U/S.14A OF THE ACT A ND NO GOOD PURPOSE WOULD BE SERVED BY REINSTATING THE APPEAL OF THE RE VENUE. 4. HEARD RIVAL CONTENTIONS. WHAT WE FIND IS THAT THERE WAS INDEED AN AUDIT OBJECTION RAISED BY THE AUDIT PARTY ON DISAL LOWANCE MADE U/S.14A OF THE ACT, WHICH WAS DELETED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS), ON THE APPEAL OF THE ASSESSEE. BY VIRTUE OF PARA NO.6/IIA &24/IIA) IN TERMS OF PARA 8(C) OF BOARDS CIRCULAR NO.21/2015, DATED 10.12.2015, AN APPEAL HAS TO BE ENTERTAINED BY THI S TRIBUNAL EVEN WHERE TAX EFFECT IS LESS THAN B10,00,000/- WHERE SUCH APP EAL HAS BEEN PREFERRED CONSIDERING AUDIT OBJECTIONS. ACCORDINGLY, WE RECA LL THE ORDER IN ITA MP NO. 229/2018 :- 3 -: NO.2968/CHNY/2017 . THE APPEAL IS RE-FIXED FOR FRESH HEARING ON 8 TH JULY, 2019. THERE SHALL BE NO NOTICE TO PARTIES SINCE TH E DATE IS DECLARED IN THE OPEN COURT. 5. IN THE RESULT, THE MISCELLANEOUS APPEAL OF THE REV ENUE IS ALLOWED. ORDER PRONOUNCED ON FRIDAY, THE 12 TH DAY OF APRIL, 2019, AT CHENNAI. SD/ - SD/- ( . . . ' ) (N.R.S. GANESAN) / JUDICIAL MEMBER ( ! . '#'$ ) (ABRAHAM P. GEORGE) % / ACCOUNTANT MEMBER #$ / CHENNAI %& / DATED: 12 TH APRIL, 2019. KV &' ()*) / COPY TO: 1. / APPELLANT 3. +,' / CIT(A) 5. )-. / / DR 2. / RESPONDENT 4. + / CIT 6. .01 / GF