ACIT (OSD) Corporate Circle 4(2), CHENNAI v. KKA Buildtech Private Limited, CHENNAI

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: CHENNAI . . . ! ' BEFORE SHRI N.R.S. GANESAN JUDICIAL MEMBER AND SHRI S. JAYARAMAN ACCOUNTANT MEMBE R ./ ITA NO.1158/CHNY/2019 # $# /ASSESSMENT YEAR: 2013-14 THE ASST. COMMISSIONER OF INCOME TAX (OSD) CORPORATE CIRCLE-4(2) CHENNAI. VS. M/S. KKA BUILDTECH PVT. LTD. NO.A-7 & 8 THIRU VI KA INDUSTRIAL ESTATE GUINDY CHENNAI 600 032. [PAN : AADCK 1427F] ( %& /APPELLANT) ( '(%& /RESPONDENT) %& ) * / APPELLANT BY : SHRI AR V.SREENIVASAN JCIT '(%& ) * /RESPONDENT BY : NONE + ) ! /DATE OF HEARING : 20.11.2019 -.$ ) ! / DATE OF PRONOUNCEMENT : 20.11.2019 / O R D E R PER SHRI S. JAYARAMAN ACCOUNTANT MEMBER : THE REVENUE FILED THIS APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-8 CHENNAI IN ITA NO.190 & 366/16-17 DATED 31.01.2017 FOR THE ASSESSMENT YEAR (AY) 2013-14. 2. AT THE TIME OF HEARING THE LD. DR SUBMITTED THAT THE TAX EFFECT IS BELOW RS.50 LAKHS AND HENCE THE REVENUES APPEAL WOULD BE COVERED BY THE ITA NO.1158/CHNY/2019 :- 2 -: CBDT CIRCULAR NO.17/2019 DATED 08.08.2019 FIXING T HE MONETARY LIMIT OF RS.50 LAKHS. THE LD. DR ON VERIFICATION ADMITTED T HAT THE TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.50 LAKHS. 3. NONE APPEARED ON BEHALF OF THE ASSESSEE AT THE TIME OF HEARING. ON HEARING THE LD. DR WE FIND THAT THE TAX EFFECT IN THIS CASE IS LESS THAN RS. 50 LAKHS. THE CBDT IN ITS CIRCULAR NO. 17/2019 DATED 0 8.08.2019 INSTRUCTED ITS OFFICERS TO WITHDRAW ALL THE APPEALS PENDING BEFORE THE ITAT WHERE THE TAX EFFECT IS LESS THAN RS. 50 LAKHS. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THIS CIRCULAR OF CBDT IS BINDING ON THE OFFICE RS OF THE DEPARTMENT. THEREFORE THE REVENUE CANNOT PROCEED FURTHER IN TH IS APPEAL. ACCORDINGLY THE APPEAL STANDS DISMISSED. 4. IN THE RESULT THE APPEAL OF THE REVENUE IS DIS MISSED. ORDER PRONOUNCED ON 20 TH DAY OF NOVEMBER 2019 IN CHENNAI. SD/- SD/- ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( . ) (S. JAYARAMAN) /ACCOUNTANT MEMBER /CHENNAI 3 /DATED: 20 TH NOVEMBER 2019 . EDN SR. P.S ) ' 45 65$ /COPY TO: 1. %& /APPELLANT 2. '(%& /RESPONDENT 3. + 7 ( )/CIT(A) 4. + 7 /CIT 5. 58 ' /DR 6. 9# : /GF