DCIT Corporate Circle 3(2), CHENNAI v. VastraKala Exports Private Limited, CHENNAI

ITA 1189/CHNY/2019 | 2014-2015
Pronouncement Date: 08-11-2019 | Result: Dismissed

Appeal Details

RSA Number 118921714 RSA 2019
Assessee PAN AAACV9106F
Bench Chennai
Appeal Number ITA 1189/CHNY/2019
Duration Of Justice 6 month(s) 15 day(s)
Appellant DCIT Corporate Circle 3(2), CHENNAI
Respondent VastraKala Exports Private Limited, CHENNAI
Appeal Type Income Tax Appeal
Pronouncement Date 08-11-2019
Appeal Filed By Department
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 08-11-2019
Last Hearing Date 05-11-2019
First Hearing Date 05-11-2019
Assessment Year 2014-2015
Appeal Filed On 23-04-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : CHENNAI . [BEFORE SHRI INTURI RAMA RAO ACCOUNTANT MEMBER AND SHRI DUVVURU RL REDDY JUDICIAL MEMBER ] !' ./I.T.A. NO.1189/CHNY/2019. #$% &$ / ASSESSMENT YEAR : 2014-2015. THE DEPUTY COMMISSIONER OF INCOME TAX CORPORATE CIRCLE 3(2) CHENNAI. VS. M/S. VASTRA KALA EXPORTS PRIVATE LIMITED NO.16A KASTURI RANGA ROAD ALWARPET CHENNAI 600 018. [PAN AAACV 9106F] ( / APPELLANT) ( /RESPONDENT) !' '( ) * / APPELLANT BY : MS.S. SRINIDHI C.A. + '( ) * /RESPONDENT BY : SHRI. J. PAVITRAN KUMAR IRS JCIT. # - ) . /DATE OF HEARING : 08-11-2019 /0&% ) . /DATE OF PRONOUNCEMENT : 08-11-2019 / O R D E R PER INTURI RAMA RAO ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AG AINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEAL S)-7 CHENNAI ITA NO.1189 /20189 :- 2 -: (CIT(A) FOR SHORT) DATED 20.02.2019 FOR THE ASSES SMENT YEAR (AY) 2014-2015. 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN THIS CASE IS LESS THAN RS.50 LAKHS AND THEREFORE THE CIRCULAR NO. 17 /2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT T AXES (CBDT) IN EXERCISE OF ITS POWER VESTED UNDER SEC. 268A(1) OF THE IT ACT COMES INTO PLAY WHEREIN THE MONETARY LIMIT FOR FILING TH E APPEAL BY THE REVENUE BEFORE THE ITAT AND VARIOUS HIGH COURTS AS WELL AS APEX COURT ARE REVISED WITH AN OBJECT OF THE REDUCING TH E TAX LITIGATION. VIDE PARA 3 OF THE SAID CIRCULAR (SUPRA) IT IS STATED TH AT IN CASES WHERE THE TAX EFFECT IN THE APPEALS TO BE FILED BEFORE THE AP PELLATE TRIBUNAL DOES NOT EXCEED B50 LAKHS APPEALS SHOULD NOT BE FILED. THUS TAKING A NOTE OF CBDT CIRCULAR NO. 17/2019 DATED 08.08.2019 AND CONSIDERING THE FACT THAT THE TAX EFFECT IN THE INSTANT APPEAL IS L ESS THAN RS.50 LAKHS THE PRESENT APPEAL DESERVES TO BE DISMISSED AS NOT PRESSED / NOT MAINTAINABLE. HOWEVER WE MAKE IT CLEAR THAT THE IS SUES RAISED IN THE INSTANT APPEAL IS LEFT OPEN TO BE EXAMINED IN THE A PPROPRIATE PROCEEDINGS IF ARISES IN FUTURE. AT THE SAME TIM E WE ALSO MAKE IT CLEAR THAT IF THE APPEAL FALL IN ANY OF THE EXCEPTI ONS REFERRED TO IN THE ABOVE SAID CBDT CIRCULAR THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THE ORDER IF SO ADVISED. ACCORDINGLY IN THE ITA NO.1189 /20189 :- 3 -: LIGHT OF CBDT CIRCULAR NO.17/2019 DATED 08/08/2019 THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. 3. IN THE RESULT THE APPEAL FILED BY THE DEPARTMENT S TANDS DISMISSED. ORDER PRONOUNCED ON 8TH DAY OF NOVEMBER 2019 A T CHENNAI. SD/- SD/- ( . !' ) (DUVVURU RL REDDY) # $% /JUDICIAL MEMBER ( ) (INTURI RAMA RAO) /ACCOUNTANT MEMBER 1 #- / CHENNAI 2# / DATED: 8TH NOVEMBER 2019. KV 3 ) +.4 5' !6 5&. / COPY TO: 1 . !' '( / APPELLANT 3. 7. (!' ) / CIT(A) 5. 5 :; +.#< / DR 2. + '( / RESPONDENT 4. 7. / CIT 6. ;$ =- / GF