JCIT (OSD), Corporate Circle 2(2), CHENNAI v. India Piston Ltd., CHENNAI

ITA 1753/CHNY/2019 | 2013-2014
Pronouncement Date: 27-11-2019 | Result: Dismissed

Appeal Details

RSA Number 175321714 RSA 2019
Assessee PAN AAACI1439E
Bench Chennai
Appeal Number ITA 1753/CHNY/2019
Duration Of Justice 5 month(s) 23 day(s)
Appellant JCIT (OSD), Corporate Circle 2(2), CHENNAI
Respondent India Piston Ltd., CHENNAI
Appeal Type Income Tax Appeal
Pronouncement Date 27-11-2019
Appeal Filed By Department
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 27-11-2019
Last Hearing Date 17-09-2019
First Hearing Date 17-09-2019
Assessment Year 2013-2014
Appeal Filed On 04-06-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI # $.. & )* BEFORE SHRI RAMIT KOCHAR ACCOUNTANT MEMBER AND SHRI DUVVURU R.L.REDDY JUDICIAL MEMBER ./ ITA NOS.1753 & 1754/CHNY/2019 )++ /ASSESSMENT YEARS: 2013-14 & 2009-10 THE JOINT COMMISSIONER OF INCOME-TAX (OSD) CORPORATE CIRCLE-2(2) ROOM NO. 512 5 TH FLOOR WANAPARTHY BLOCK NO. 121 M.G.ROAD CHENNAI-600034 / V. INDIA PISTONS LIMITED HUZUR GARDENS MADHAVARAM HIGH ROAD SEMBIAM CHENNAI-600011 ./ PAN: AAACI1439E REVENUE BY : MR. GURU BASHYAM ADDL. CIT ASSESSEE BY : MR SAROJ KUMAR ADV. . / DATE OF HEARING : 27.11.2019 . /DATE OF PRONOUNCEMENT : 27.11.2019 / O R D E R PER RAMIT KOCHAR ACCOUNTANT MEMBER: THESE TWO APPEALS FILED BY REVENUE ARE DISPOSED OF BECAUSE TAX EFFECT IS LESS THAN RS.50 LACS IN EACH OF THESE APP EALS AS PER CBDT CIRCULAR NO.17/2019 (F.NO. 279/MISC.142/2007-ITJ (P T)) DATED 08 TH AUGUST 2019 ISSUED BY CENTRAL BOARD OF DIRECT TAXE S DEPARTMENT OF REVENUE MINISTRY OF FINANCE GOVERNMENT OF INDIA AMENDING PARA NO.3 AND 5 OF THE CBDT CIRCULAR NO.3 OF 2018 DATED 11.07 .2018 AND ITS SUBSEQUENT AMENDMENT DATED 20.08.2018. 2. BEFORE WE PROCEED FURTHER IT IS OBSERVED THAT T HERE IS DELAY OF 7 DAYS IN FILING THESE TWO APPEALS LATE BY REVENUE BE YOND TIME PRESCRIBED U/S 253(3) OF THE 1961 ACT FOR WHICH SUPPORTING A FFIDAVIT(S) EXPLAINING I.T.A. NOS.1753 & 1754/CHNY/2019 2 THE DELAY IN FILING OF THESE APPEALS LATE BEYOND TI ME STIPULATED U/S 253(3) OF THE INCOME-TAX ACT 1961 ARE FILED BY REVENUE . THE LEARNED COUNSEL DID NOT OBJECT TO CONDONATION OF DELAY IN FILING OF THESE TWO APPEALS LATE BY REVENUE BEYOND TIME PRESCRIBED U/S 253(3) OF THE 1961 ACT . AFTER HEARING BOTH THE PARTIES WE CONDONE DELAY IN FILI NG OF THESE APPEAL LATE BY REVENUE BEYOND TIME PRESCRIBED U/S 253(3) OF THE 1961 ACT BY EXERCISING OUR POWERS U/S 253(5) OF THE 1961 ACT A S IN OUR CONSIDERED VIEW THE REVENUE HAS SHOWN SUFFICIENT CAUSE FOR DEL AY OF SEVEN DAYS IN FILING OF THESE APPEALS BEYOND TIME PRESCRIBED U/S 253(3) OF THE 1961 ACT AND THERE IS NO MALAFIDE SHOWN BY RIVAL PARTY IN FI LING OF THESE APPEALS LATE BY REVENUE BY 7 DAYS BEYOND TIME PRESCRIBED U/ S 253(3) OF THE 1961 ACT. BOTH THESE APPEALS STAND ADMITTED AND ARE NOW ADJUDICATED BY THIS COMMON ORDER. WE ORDER ACCORDINGLY. 3. THE LD. DR AT THE OUTSET SUBMITTED THAT TAX EFFE CT INVOLVED IN EACH OF THESE APPEALS FILED BY REVENUE IS LESS THAN RS.50LA CS AND THESE TWO APPEALS ARE COVERED BY CBDT CIRCULAR NO.17/2019 DAT ED 08.08.2019 BEING A LOW TAX EFFECT APPEALS FILED BY THE REVENUE . IT IS ALSO EXPLAINED BY LEARNED DR THAT THESE TWO APPEALS FILED BY REVENUE ARE ALSO NOT HIT BY ANY OF EXCEPTIONS CARVED OUT IN AFORESAID CBDT CIRC ULAR. THE LEARNED COUNSEL FOR ASSESSEE STATED BEFORE THE BENCH THAT T HESE TWO APPEALS FILED BY REVENUE ARE LOW TAX EFFECT AND HENCE ARE REQUIRE D TO BE DISMISSED AS COVERED BY AFORESAID CBDT CIRCULAR. 4. THE TAX EFFECT IN BOTH THESE APPEALS FILED BY RE VENUE ARE UNDISPUTEDLY BELOW RS.50 LACS TAKEN SEPARATELY IN EACH OF THE AP PEAL AND THUS KEEPING IN VIEW CBDT CIRCULAR NO.17/2019 (F.NO.279/MISC.142 /2007-ITJ (PT)) DATED 08 TH AUGUST 2019 ISSUED BY CENTRAL BOARD OF DIRECT TA XES DEPARTMENT OF REVENUE MINISTRY OF FINANCE GOVERNM ENT OF INDIA AMENDING PARA NO.3 AND 5 OF THE CBDT CIRCULAR NO.3 OF 2018 DATED 11.07.2018 AND ITS SUBSEQUENT AMENDMENT DATED 20.08 .2018 WE ARE INCLINED TO DISMISS BOTH THESE APPEALS FILED BY REV ENUE DUE TO LOW TAX I.T.A. NOS.1753 & 1754/CHNY/2019 3 EFFECT INVOLVED IN THESE TWO APPEALS WHICH IS BELOW RS.50 LACS IN EACH OF THESE TWO APPEALS. WHILE DISPOSING OF THESE TWO APP EALS FILED BY REVENUE DUE TO LOW TAX EFFECT VIDE AFORESAID CBDT CIRCULAR NO.17/2019 DATED 08.08.2019 WE CLARIFY THAT WE HAVE NOT COMMENTED O N MERITS OF THE ISSUE(S) IN BOTH THESE APPEALS.HOWEVER AT THE SAME TIME WE ARE GRANTING LIBERTY TO REVENUE THAT IF AT ANY STAGE REVENUE WAN TS TO AGITATE THE MATTER/ISSUE(S) IN THESE TWO APPEALS IN ACCORDANCE WITH THE CLAUSES/EXCEPTIONS AS ARE CONTAINED IN THE AFORE-ST ATED CBDT CIRCULAR NUMBER 17/2019 DATED 08.08.2018 READ WITH CBDT CIRC ULAR NO 3/2018 DATED 11.07.2018 AS MODIFIED ON 20.08.2018 THE REV ENUE IS HEREBY GRANTED LIBERTY TO FILE MISCELLANEOUS APPLICATION P RAYING FOR RECALL OF THIS ORDER ACCORDINGLY. WE ORDER ACCORDINGLY. 5. IN RESULT BOTH THESE APPEALS FILED BY REVENUE S TAND DISMISSED OWING TO LOW TAX EFFECT AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 27.11.2019. . 1 2 27.11.2019 . SD/- SD/- ( # $ . . & ) (DUVVURU R.L.REDDY) ) /JUDICIAL MEMBER ( ) (RAMIT KOCHAR) /ACCOUNTANT MEMBER / CHENNAI 2/DATED: 27 TH NOVEMBER 2019. TLN . M)N ON / COPY TO: 1. P / APPELLANT 4. U / CIT 2. MWP / RESPONDENT 5. N M)) / DR 3. U ( ) / CIT(A) 6. + / GF