DCIT, CHENNAI V. Amita Technical Co Pvt Ltd., CHENNAI

MA 25/CHNY/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6838 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 06-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS S VIJAYA PRABHA
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: CHENNAI . . . , , $ BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER MISCELLANEOUS PETITION NO. 25 / CHNY /20 18 (IN ITA NO.562/CHNY/2017) % % /ASSESSMENT YEAR: 2007-08 THE DY. COMMISSIONER OF- INCOME TAX, CORPORATE CIRCLE-1(1), CHENNAI. VS. M/S.AMITA TECHNICAL CO.- PVT. LTD., TS-86/B, EKKATTUTHANGAL INDUSTRIAL ESTATE, EKKATTUTHANGAL, CHENNAI-600 097. [PAN: AAACA 8449 E] ( ( /APPELLANT) ( )*( /RESPONDENT) DEPARTMENT BY : MRS.S.VIJAYAPRABHA, JCIT ASSESSEE BY : NONE , /DATE OF HEARING : 13.07.2018 , /DATE OF PRONOUNCEMENT : 17.07.2018 / O R D E R PER N.R.S.GANESAN , JUDICIAL MEMBER : THE REVENUE HAS FILED THE PRESENT MISCELLANEOUS PE TITION ON THE GROUND THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS MORE THAN RS.10.00 LAKHS. THEREFORE, THE APPEAL HAS TO BE HEARD ON ME RITS. ON A QUERY FROM BENCH, THE LD.DR FAIRLY CONCEDED THAT THE TAX EFFEC T INVOLVED IN THIS APPEAL IS LESS THAN RS.20.00 LAKHS. RECENTLY, CBDT BEING T HE APEX ADMINISTRATIVE MP NO.25/CHNY/2018 (IN ITA NO.562/CHNY/2017) :- 2 -: BODY, HAS INCREASED THE MONITORY LIMIT FOR FILING T HE APPEAL BEFORE THIS TRIBUNAL FROM RS.10.00 LAKHS TO RS.20.00 LAKHS. 2. IN VIEW OF THE ABOVE, EVEN IF THE ORDER OF THIS TRIBUNAL DATED 29.08.2017 IS RECALLED, STILL THE APPEAL HAS TO BE DISMISSED AGAIN ON THE GROUND THAT THE TAX EFFECT IS LESS THAN RS.20.00 LA KHS. IN VIEW OF THE ABOVE, THIS TRIBUNAL IS OF THE CONSIDERED OPINION T HAT THERE IS NO MERIT IN THE PETITION FILED BY THE REVENUE, ACCORDINGLY, THE SAME IS DISMISSED. 3. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED ON JULY 17, 2018, IN CHENNAI. SD/- SD/- ( ) ( S. JAYARAMAN ) /ACCOUNTANT MEMBER ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER /CHENNAI, 0 /DATED: JULY 17, 2018. TLN , )12 32 /COPY TO: 1. ( /APPELLANT 4. 4 /CIT 2. )*( /RESPONDENT 5. 2 ) /DR 3. 4 ( ) /CIT(A) 6. % /GF