ACIT CORPORATE CIRCLE 2, COIMBATORE V. TRISTAR ACCOMODATIONS LIMITED, COIMBATORE

MA 5/CHNY/2020

AI Insights

The case involves the Deputy Commissioner of Income Tax, Corporate Circle-2, Coimbatore as the petitioner and M/s. Tristar Accommodations Limited as the respondent. The Revenue filed a Miscellaneous Petition against the ITAT's earlier decision which dismissed their appeal due to low tax effect. The Revenue contended that ground 'c' of their appeal was not adjudicated, which could potentially increase the tax effect above the threshold set by the Board. The ITAT acknowledged this oversight and decided to recall the previous order, restoring the case for a fresh examination of the unconsidered ground.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 135340 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 4 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-05-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 18-05-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 12-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

आयकर अपीलीय अिधकरण, ’डी’ Ɋायपीठ, चेɄई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘D’ BENCH, CHENNAI ŵी वी दुगाŊ राव Ɋाियक सद˟ एवं ŵी जी. मंजुनाथा, लेखा सद˟ के समƗ Before Shri V. Durga Rao, Judicial Member & Shri G. Manjunatha, Accountant Member M.P. No.5/Chny/2020 [In I.T.A. No.2984/Chny/2018] Assessment Year: 2014-15 The Deputy Commissioner of Income Tax, Corporate Circle-2, 63-A, Race Course Road, Coimbatore. Vs. M/s. Tristar Accommodations Limited, 657, Naren Buildings, Avinashi Road, P.N. Palayam, Coimbatore 641 037. [PAN:AAACT7921Q] (Petitioner) (ŮȑथŎ/Respondent) Petitioner by : Shri D. Hema Bhupal, JCIT ŮȑथŎ की ओर से/Respondent by : Shri V. Balaji, CA सुनवाई की तारीख/ Date of hearing : 19.05.2023 घोषणा की तारीख /Date of Pronouncement : 19.05.2023 आदेश /O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: The Revenue has filed the present Miscellaneous Petition against the order passed by the Tribunal in I.T.A. No. 2984/Mds/2018 dated 21.08.2019 relevant to the assessment year 2014-15. 2. By referring to the miscellaneous petition, the ld. DR has submitted the ITAT has dismissed the appeal of the Revenue on low M.P. No.5/Chny/20 2 tax effect. However, in para 5.4.6 of the appellate order, the ld. CIT(A) has remitted the matter back to the file of the Assessing officer on which, in its appeal, the Department raised ground No. ‘c’, which has not been adjudicated by the ITAT and thus, the ld. DR has submitted that if ground ‘c’ of the appeal also considered, the tax effect would be above the limit prescribed by the Board. 3. On the other hand, the ld. Counsel for the assessee has relied on the order of the ITAT. 4. We have heard both the sides and perused the materials available on record. In this case, the ITAT has dismissed the appeal filed by the Revenue on low tax effect. However, as argued by the ld. DR, the tax effect would be above the limit prescribed by the Board if ground ‘c’ raised by the Revenue had been considered by the Tribunal. Hence, we find that non-consideration of ground ‘c’ raised in Revenue’s appeal is a mistake apparent in the order passed by the Tribunal dated 21.08.2019 and requires to be recalled and adjudicated. Accordingly, we recall the order of the Tribunal in I.T.A. No.2984/Chny/2018 dated 21.08.2019 and restore the same for fresh adjudication. The Registry is directed to the post the appeal on regular M.P. No.5/Chny/20 3 course by issuing notices to both the parties. 4. In the result, the Miscellaneous Petition filed by the Revenue is allowed. Order pronounced in the open Court on 19 th May, 2023 at Chennai. Sd/- Sd/- (G. MANJUNATHA) ACCOUNTANT MEMBER (V. DURGA RAO) JUDICIAL MEMBER Chennai, Dated, 19.05.2023 Vm/- आदेश की Ůितिलिप अŤेिषत/Copy to: 1. अपीलाथŎ/Appellant, 2.ŮȑथŎ/ Respondent, 3. आयकर आयुƅ/CIT, 4. िवभागीय Ůितिनिध/DR & 5. गाडŊ फाईल/GF.