ITO, Salem V. Sri K.K.Santharam, Salem

MA 268/CHNY/2009

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4853 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 2 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-09-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 17-09-2010
• Assessment Year: 1996-1997
• Appeal Filed On: 13-07-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: KALIANNAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHENNAI BENCH A : CHENNAI [BEFORE SHRI HARI OM MARATHA, JUDICIAL MEMBER AND SHRI ABRAHAM P GEORGE, ACCOUNTANT MEMBER] M.A.NO.268/MDS/2009 [ARISING OUT OF I.T.A NO1064/MDS/01] ASSESSMENT YEAR : 1996-97 THE ITO WARD III(1) SALEM VS SHRI K.K.SANTHARAM 6-C RATHINASAMYPURAM SALEM 636009 (PETITIONER) (RESPONDENT) PETITIONER BY : SHRI SHAJI P. JACOB RESPONDENT BY : SHRI KALIANNAN O R D E R PER HARI OM MARATHA, JM: THROUGH THIS MISCELLANEOUS APPLICATION T HE REVENUE HAS SOUGHT RECALLING THE ORDER OF THE TRIBUNAL DATED 19.11.200 8 PASSED IN I.T.A.NO. 1064/MDS/2001, FOR ASSESSMENT YEAR 1996-9 7. 2. AFTER HEARING BOTH THE PARTIES, WE FIND THAT O RIGINALLY THE REVENUES APPEAL WAS DISMISSED BY THE TRIBUNAL VIDE ITS ORDER DATED 27.1.2004 AS THE TAX EFFECT WAS BELOW THE AMOUNT PR ESCRIBED BY THE CBDT VIDE INSTRUCTION NO.1979 DATED 27.3.2000. AGA INST THIS ORDER, THE REVENUE FILED M.P NO.198/MDS/2004 AND THE TRIBU NAL, VIDE ITS ORDER DATED 8.6.2007, ALLOWED THE MISCELLANEOUS PET ITION BY RECALLING THE ORDER DATED 27.1.2004. AGAIN, VIDE ORDER DATE D 19.11.2008, THE M.P 268/09 :- 2 -: TRIBUNAL DISMISSED THE REVENUES APPEAL ON THE SAME REASONING OF LOW TAX EFFECT AS GIVEN IN ITS ORDER DATED 27.1.200 4, AGAINST WHICH THE PRESENT MISCELLANEOUS PETITION HAS BEEN FILED BY TH E REVENUE. IN VIEW OF THE ABOVE FACTS, THE ONLY REMEDY IS BY WAY OF AP PEAL AS M.P AGAINST M.P IS NOT PERMISSIBLE IN VIEW OF THE DECIS ION OF THE HON'BLE JURISDICTIONAL HIGH COURT IN THE CASE OF DR. S. PAN NEERSELVAM VS ACIT, 319 ITR 135. 3. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24. 9.2010. SD/- SD/- ( ABRAHAM P GEORGE ) ACCOUNTANT MEMBER ( HARI OM MARATHA ) JUDICIAL MEMBER DATED: 24 TH SEPTEMBER, 2010 RD COPY TO: PETITIONER/RESPONDENT/CIT(A)/CIT/DR