The ACIT, Cochin V. M/s.Kitex Garments Ltd, Aluva

MA 60/COCH/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4427 (ITAT-COCHIN)
• Duration Of Justice: 1 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-07-2016
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 14-06-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A DHANARAJ
• Assessee Lawyers: K GOPI
• Keywords: Tax effect

Judgement Text

MP 60/C/2016 1 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH KOCHI BEFORE S/ SHRI B P JAIN , AM & GEORGE GEORGE K, JM MISCELLANEOUS PETITION NO.60/COCH/2016 ARISING OUT OF ITA NO 216/COCH/2015 (A SST YEAR 2009 - 10 ) THE ASST COMMR OF INCOME TAX ERNAKULAM VS M/S KITE X GARMENTS LTD P B NO.5 KIZHAKKAMBALAM ALUVA ERNAKULAM 683 562 ( APP LICANT ) (RESPONDENT) PAN NO. ADJPP6704C ASSESSEE BY SH K GOPI REVENUE BY SH A DHANARAJ, SR DR DATE OF HEARING 29 TH JU LY 2016 DATE OF PRONOUNCEMENT 29 TH JU LY 2016 ORDER PER P B JAIN, A M; THIS IS A MISCELLANEOUS PETITION FILED BY THE REVENUE ARISING OUT OF THE ORDER OF THE TRIBUNAL IN ITA NO 216/COCH/ 2015 DATED 23 RD DEC 2015 RELATING TO ASSESSMENT YEAR 2009 - 10. 2 AT THE TIME OF HEARING, IT WAS POINTED OUT BY THE LD CO UNSEL FOR THE ASSESSEE THAT THE TAX EFFECT IN THE PRESENT APPEAL IS MORE THAN RS. 10 LAKHS ; BUT THE APPEAL OF THE REVENUE WAS DISMIS SED VIDE CBDT CIRCULAR NO. 21 OF 2015 DATED 10.10.2015, BEING THE REVENUE APPEAL IS NOT MAINTAINABLE I N VIEW OF THE MP 60/C/2016 2 TAX EFF ECT IS LESS THAN THE MONITORY LIMIT PRESCRIBED BY THE SAID CIRCULAR. THIS FACT HAS BEEN CONCEDED BY THE LD DR AS WELL. 3 WE HAVE H E ARD THE RIVAL SUBMISSIONS AND PERUSED THE FACTS OF THE CASE. THE TAX EFFECT IN THE PRESENT CASE IS MORE THAN THE MONITORY LIMIT PRESCRIBED BY THE SAID CIRCULAR I.E. RS. 10 LAKHS AND THEREFORE, THE REVENUES APPEAL IS MAINTAINABLE AND IT WAS , BY MISTAKE , THE APPEAL OF THE REVENUE WAS HELD AS NOT MAINTAINABLE VIDE OUR ORDER DATED 23 RD DEC 2015. THIS IS AN APPARENT MISTAKE F ROM RECORD; THEREFORE, WE RECALL THE SAID ORDER AND FIX THE APPEAL FOR HEARING ON 2 ND AUG 2016. 4 THE REGISTRY IS DIRECTED TO POST THE CASE FOR HEARING ON 2 ND AUG 2016 AS ANNOUNCED IN THE OPEN COURT AT THE TIME OF HEARING OF M P NO. 60/COCH/ 2016 ON 29TH J ULY 2016. SINCE THE DATE OF HEARING IS PRONOUNCED IN THE OPEN COURT, THERE IS NO NEED TO SEND A SEPARATE NOTICE TO THE PARTIES. WE ORDER ACCORDINGLY. 5 IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 29 TH DAY OF JULY 2016 . SD/ - SD/ - ( GEORGE GEORGE K ) ( B P JAIN ) JUDICIAL MEMBER ACCOUNTANT MEMBER COCHIN: DATED 29 TH , JULY 2016 RAJ* MP 60/C/2016 3 COPY TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) - KOCHI 4 . CIT, ERNAKULAM 5 . DR 6 . GUARD FILE BY ORDER ASSISTANT REGISTRAR ITA T, COCHIN