DCIT, CHENNAI V. Ani Constructions P Ltd., CHENNAI

MA 28/CHNY/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6720 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-06-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 06-02-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AR V SRINIVASANJCIT
• Assessee Lawyers: R VIJAYARAGHAVAN
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : CHENNAI , . , BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER & SHRI A .MOHAN ALANKAMONY, ACCOUNTANT MEMBER M.P.NO.28/CHNY./2018 ( I.T.A.NO.775/CHNY/2017 ASSESSMENT YEAR : 2008-09 ) DY. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-1(1), CHENNAI. VS. M/S.ANI CONSTRUCTIONS PVT. LTD ., 443, 5 TH FLOOR, GUNA COMPLEX, ANNA SALAI, TEYNAMPET, CHENNAI 600 018. [PAN AACCA 4267 G ] ( / APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR.AR.V.SRINIVASAN,JCIT D.R ! /RESPONDENT BY : MR.R.VIJAYARAGHAVAN,ADVOCATE ' # $% / DATE OF HEARING : 08 - 0 6 - 201 8 &' $% / DATE OF PRONOUNCEMENT : 08 - 0 6 - 201 8 / O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER MP NO.28/CHNY/2018 IS A MISCELLANEOUS PETITION FILE D BY THE REVENUE AGAINST THE ORDER OF THE TRIBUNAL IN ITA NO.725/CHNY/2017 DATED 06.09.2017. 2. SHRI AR.V.SRINIVASAN REPRESENTED ON BEHALF OF THE REVENUE AND SHRI R.VIJAYARAGHAVAN REPRESENTED ON BEHALF OF THE ASSESSEE. 3. IT WAS SUBMITTED BY THE LD.D.R THAT THE TRIBUNA L HAD DISMISSED THE REVENUES APPEAL AS NOT MAINTAINABLE DUE TO LOW TAX MP NO.28/CHNY/18 :- 2 -: EFFECT. IT WAS A SUBMISSION THAT THE TAX EFFECT IN THE SAID APPEAL FILED BY THE REVENUE WAS NEARLY ` 16,32,798/-, CONSEQUENTLY THE APPEAL OF REVENUE WAS LIABLE TO BE ADJUDICATED ON MERITS. IN REPLY, THE LD.A.R DID NOT RAISE ANY OBJECTIONS. 4. WE HAVE CONSIDERED THE SUBMISSIONS. AS IT IS N OTICED THAT THE TAX EFFECT IN THE REVENUES APPEAL IS MORE THAN ` 10 LAKHS, BUT THE TRIBUNAL HAS ERRONEOUSLY DISMISSED THE APPEAL OF TH E REVENUE ON ACCOUNT OF LOW TAX EFFECT, THE ORDER OF TRIBUNAL I N ITA NO.775/CHNY/2017 VIDE ORDER DATED 06.09.2017 FOR AS SESSMENT YEAR 2008-09 STANDS RECALLED. THE REGISTRY IS HEREBY DIR ECTED TO POST THE CASE IN THE REGULAR COURSE AND INTIMATE BOTH THE PA RTIES. 5 . IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE REVENUE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSI ON OF HEARING ON 08TH JUNE, 2018, AT CHENNAI. SD/- SD/- ( . ) (A.MOHAN ALANKAMONY) ! '# / ACCOUNTANT MEMBER ( ) (GEORGE MATHAN) $ '# / JUDICIAL MEMBER * # / CHENNAI + / DATED: 08 TH JUNE, 2018. K S SUNDARAM , - $./ 0 /'$ / COPY TO: 1 . / APPELLANT 3. , , ' 1$ () / CIT(A) 5. /23 $45 / DR 2. ! / RESPONDENT 4. , , ' 1$ / CIT 6. 367 8# / GF