The ACIT Corp Cir-1(2), Kochi V. M/s.Henry & Farad Pvt Ltd, Edapally, Kochi

MA 34/COCH/2019

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 5582 (ITAT-COCHIN)
• Duration Of Justice: 5 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 18-10-2019
• Assessment Year: 2007-2008
• Appeal Filed On: 07-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A S BINDHU
• Keywords: Audit objection; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI CHANDRA POOJAR I, AM & SHRI GEORGE GEORGE K, JM M A NO. 34 /COCH/201 9 : ASST.YEAR 2007 - 2008 (ARISING OUT OF ITA NO. 558 /COCH/2018) THE ASST.COMMISSIONER OF INCOME - TAX, CORP.CIR.1(1) KOCHI. VS. M/S. HENRY & FARAD PRIVATE LIMITED CC - 34/2551, BANK HOUSE THAMBURATTY PARAMBU ROAD, KOCHI - 682 024. PAN : AAACH6081R . ( APPLICANT ) (RESPONDENT) APPLICANT BY : SMT.A.S.BINDHU, SR.DR RESPONDENT BY : --- NONE --- DATE OF HEARING : 18.10.2019 DATE OF PRONOUNCEMENT : 18 .10.2019 O R D E R PER GEORGE GEORGE K, JM : THIS MISCELLANEOUS APPLICATION AT THE INSTANCE OF THE REVENUE IS SEEKING TO RECALL THE TRIBUNAL ORDER DATED 24.01.2019 IN ITA NO.558/COCH/201 8 . 2. THE APPEAL OF THE REVENUE WAS DISMISSED FOR THE REASON THAT THE TAX EFFECT IS MUCH BELOW THE MONETARY LIMIT PRESCRIBED UNDER THE BOARD CIRCULAR NO.3/2018 DATED 11 TH JULY, 2018. 3. THE REVENUE HAS FILED THIS MISCELLANEOUS APPLICATION STATING THEREIN THE INSTANT CASE COMES WITHIN THE EXCEPTION MENTIONED PARA 10(C) OF THE BOARD CIRCULAR NO.3/2018 DATED 11 TH JULY, 2018. THE EXCEPTION REFERRED TO IN PARA 10(C) OF THE BOARD CIRCULAR IS WITH REGARD TO THE REVENUE AUDIT OBJECTION IN THE CASE, WHICH HAS BEEN ACCEPTED BY THE DEPARTM ENT. IN THIS CASE, THE DISALLOWANCE MADE BY THE ASSESSING OFFICER IS AMOUNTING TO ONLY RS.56,185. IRRESPECTIVE OF THE SMALL TAX EFFECT, THE REVENUE IS AUTHORIZED TO FILE AN APPEAL BEFORE THE M A NO. 34 /COCH /201 9. M/S. HENRY & FARAD PVT.LTD. 2 TRIBUNAL WHEN REVENUE AUDIT OBJECTION IN THE CASE HAS BEEN RAISED AND THE SAME HAS BEEN ACCEPTED BY THE DEPARTMENT. 4. THIS MISCELLANEOUS APPLICATION WAS POSTING FOR HEARING A NUMBER OF TIMES TO OBTAIN THE COPY OF THE REVENUE AUDIT OBJECTION. HOWEVER, THE REVENUE HAS NOT PRODUCED THE AUDIT OBJECTION FOR CLAIMING EXEMPT ION UNDER PARA 10(C) OF THE BOARD CIRCULAR NO.3/2018 DATED 11.07.2018, FOR FILING THE APPEAL BEFORE THE TRIBUNAL, IRRESPECTIVE OF THE LO W TAX EFFECT. SINCE THE REVENUE HAS NOT PRODUCED THE AUDIT OBJECTION IN THIS CASE, WE DISMISS THE MISCELLANEOUS APPLICATION OF THE REVENUE. IT IS ORDERED ACCORDINGLY. 5 . IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON THIS 18 TH DAY OF OCTOBER, 2019 . SD/ - SD/ - ( CHANDRA POOJARI ) ( GEORGE GEORGE K. ) ACCOUNTANT MEMBER JUDICIA L MEMBER COCHIN ; DATED : 18 TH OCTOBER, 2019 . DEVDAS* COPY OF THE ORDER FORWARDED TO : BY ORDER, (ASSTT. REGISTRAR) ITAT, COCHIN 1. THE APPLICANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) - I, KOCHI 4. THE CIT, KOCHI . 5. DR, ITAT, COCHIN 6 . GUARD FILE.