ACIT, CHENNAI v. M/s. Shri Bairavi Enterprises, CHENNAI

ITA 1862/CHNY/2009 | 2006-2007
Pronouncement Date: 13-01-2011 | Result: Dismissed

Appeal Details

RSA Number 186221714 RSA 2009
Assessee PAN AAAPS2593J
Bench Chennai
Appeal Number ITA 1862/CHNY/2009
Duration Of Justice 1 year(s) 1 month(s) 4 day(s)
Appellant ACIT, CHENNAI
Respondent M/s. Shri Bairavi Enterprises, CHENNAI
Appeal Type Income Tax Appeal
Pronouncement Date 13-01-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 13-01-2011
Date Of Final Hearing 13-01-2011
Next Hearing Date 13-01-2011
Assessment Year 2006-2007
Appeal Filed On 09-12-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL BENCH C CHENNAI BEFORE SHRI ABRAHAM P. GEORGE ACCOUNTANT MEMBER AN D SHRI GEORGE MATHAN JUDICIAL MEMBER I.T.A. NO. 1849/MDS/09 ASSESSMENT YEAR : 2006-07 THE ASSISTANT COMMISSIONER OF INCOME-TAX BUSINESS CIRCLE-II CHENNAI. V. M/S. SHRIRAM HIRE PURCHASE AND INVESTMENTS MOOKAMBIKA COMPLEX 4 LADY DESIKA ROAD MYLAPORE CHENNAI-600 004. (PAN : AAAPS2593J) I.T.A. NO. 1850/MDS/2009 ASSESSMENT YEAR : 2006-07 THE ASSISTANT COMMISSIONER OF V. M/S. SHRIRA M CONSUMER DURABLE INCOME-TAX BUSINESS CIRCLE-II LEASING CHENNAI. MOOKAMBIKA COMPLEX 4 LADY DESIKA ROAD MYLAPORE CHENNAI-600 004. (PAN : AAAFS2601R) I.T.A. NO. 1851/MDS/2009 ASSESSMENT YEAR : 2006-07 THE ASSISTANT COMMISSIONER OF V. M/S. SHRIRA M COMPUTER INCOME-TAX BUSINESS CIRCLE-II LEASING CHENNAI. MOOKAMBIKA COMPLEX 4 LADY DESIKA ROAD MYLAPORE CHENNAI-600 004. (PAN : AAAFS2594R) I.T.A. NO. 1853/MDS/2009 ASSESSMENT YEAR : 2006-07 THE ASSISTANT COMMISSIONER OF V. M/S. SHRIR AM GLOBAL FINANCE INCOME-TAX BUSINESS CIRCLE-II CHENNAI. MOOKAM BIKA COMPLEX 4 LADY DESIKA ROAD MYLAPORE CHENNAI-600 004. (PAN : AAAFS2598D) I.T.A. NOS. 1849 1850 1851 1853 1860 1862 1863 & 1869/MDS/09 2 I.T.A. NO. 1860/MDS/2009 ASSESSMENT YEAR : 2006-07 THE ASSISTANT COMMISSIONER OF V. M/S. SHRIRA M FINANCIAL INCOME-TAX BUSINESS CIRCLE-II CHENNAI. SERVICE S MOOKAMBIKA COMPLEX 4 LADY DESIKA ROAD MYLAPORE CHENNAI-600 004. (PAN : AAAFS1441B) I.T.A. NO. 1862/MDS/2009 ASSESSMENT YEAR : 2006-07 THE ASSISTANT COMMISSIONER OF V. M/S. SHRI BAIRAVI ENTERPRISES INCOME-TAX BUSINESS CIRCLE-II CHENNAI. MOOKAMB IKA COMPLEX 4 LADY DESIKA ROAD MYLAPORE CHENNAI-600 004. (PAN : AACFB0785B) I.T.A. NO. 1863/MDS/2009 ASSESSMENT YEAR : 2006-07 THE ASSISTANT COMMISSIONER OF V. M/S. SHRI P ALLAVI FINANCE AND INCOME-TAX BUSINESS CIRCLE-II CHENNAI. INVESTM ENTS MOOKAMBIKA COMPLEX 4 LADY DESIKA ROAD MYLAPORE CHENNAI-600 004. (PAN : AAAFP8758L) AND I.T.A. NO. 1869/MDS/2009 ASSESSMENT YEAR : 2006-07 THE ASSISTANT COMMISSIONER OF V. M/S. SHRI R AM FINANCE INCOME-TAX BUSINESS CIRCLE-II CHENNAI. MOOKAMB IKA COMPLEX 4 LADY DESIKA ROAD MYLAPORE CHENNAI-600 004. (PAN : AAAFP8758L) (APPELLANT) (RESPONDENTS) I.T.A. NOS. 1849 1850 1851 1853 1860 1862 1863 & 1869/MDS/09 3 APPELLANT BY : SHRI B. SRINIVAS RESPONDENTS BY : SHRI V.D. GOPAL O R D E R PER BENCH: THESE APPEALS BY THE REVENUE ARE DIRECTED AGAINST T HE ORDERS PASSED BY THE LEARNED CIT(APPEALAS)-VI CHENNAI IN APPEAL NOS . 136/08-09 DATED 21-04- 2009 154/08-09 DATED 27-04-2009 133/08-09 DATED 2 1-04-2009 137/08-09 DATED 21-04-2009 134/08-09 DATED 21-04-2009 151/0 8-09 DATED 27-04-2009 149/08-09 DATED 27-04-2009 & 132/08-09 DATED 21-04 -2009 RESPECTIVELY FOR THE ASSESSMENT YEAR 2006-07. AS COMMON ISSUE IS INVOL VED IN ALL THESE APPEALS THEY WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. 2. SHRI B. SRINIVAS SR. DR. REPRESENTED ON BEHALF OF THE REVENUE AND SHRI V. D. GOPAL ADVOCATE REPRESENTED ON BEHALF OF THE ASS ESSEE S. 3. THE LEARNED AUTHORISED REPRESENTATIVE OF THE ASS ESSEES SUBMITTED THAT FOLLOWING ARE THE DISPUTED INCOME IN RESPECT OF THE ASSESSEES HEREIN : APPEAL NOS. DISPUTED INCOME. ITA NO. 1849/MDS/09 ` 78 413/- ITA NO. 1850/MDS/09 ` 78 413/- ITA NO. 1851/MDS/09 ` 78 413/- ITA NO. 1853/MDS/09 ` 78 413/- ITA NO. 1860/MDS/09 ` 90 174/- ITA NO. 1862/MDS/09 ` 1 51 814/- ITA NO. 1863/MDS/09 ` 1 59 185/- ITA NO. 1869/MDS/09 ` 78 413/- I.T.A. NOS. 1849 1850 1851 1853 1860 1862 1863 & 1869/MDS/09 4 4. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT SINCE THE TAX EFFECT IN THESE CASES IS BELOW THE LIMIT PRESCRIBED BY THE CB DT INSTRUCTION NO. 2 OF 2005 THE APPEALS OF THE REVENUE ARE LIABLE TO BE DISMISS ED. THE LD. DR DID NOT MAKE ANY SERIOUS OBJECTION. 5. WE HAVE CONSIDERED THE SUBMISSIONS AND FIND THAT THE TAX EFFECT IN THESE CASES IS BELOW RS.2 00 000/- FIXED BY THE CENTRAL BOARD OF DIRECT TAXES FOR FILING APPEALS BEFORE INCOME TAX APPELLATE TRIBUNAL VIDE I NSTRUCTION NO.2 OF 2005 DATED 24 TH OCTOBER 2005. THE REVENUE HAS NOT MADE OUT A CAS E TO ESTABLISH THAT THE ISSUE FALLS WITHIN THE EXCEPTIONS PROVIDED IN THE SAID CIRCULAR/ INSTRUCTION. 6. FURTHER IN THE CASE OF CIT V. ASSOCIATED AGENCIE S CHENNAI-600 034 REPORTED IN 295 ITR 496 THE HONBLE MADRAS HIGH CO URT HAS HELD THAT APPEALS CANNOT BE FILED IN VIOLATION OF THE SAID CIRCULAR. THE HONBLE MADRAS HIGH COURT HAD ALSO REFERRED TO THE JUDGMENT OF HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF CIT VS. DIGVIJAY SINGH REPORTED IN (2007) 2 92 ITR 314 THE JUDGMENT OF HONBLE BOMBAY HIGH COURT IN THE CASE OF CIT VS. ZO EB Y. TOPIWALS (2006) 284 ITR 379 AND ALSO ANOTHER JUDGMENT OF HONBLE BOMBAY HIGH COURT IN THE CASE OF CIT VS. CAMCO COLOUR CO. (2002) 254 ITR 565 FOR TH E PROPOSITION THAT DIRECTIONS ISSUED BY THE BOARD ARE BINDING ON THE DEPARTMENT A ND APPEALS FILED WHERE THE TAX EFFECT IS LESS THAN THAT PROVIDED IN THE SAID I NSTRUCTION IS NOT MAINTAINABLE. I.T.A. NOS. 1849 1850 1851 1853 1860 1862 1863 & 1869/MDS/09 5 7. HENCE IN VIEW OF THE SAID CIRCULAR AND RESPECT FULLY FOLLOWING THE PRECEDENT FROM HONBLE JURISDICTIONAL HIGH COURT C ITED SUPRA THE APPEALS ARE DISMISSED IN LIMINE. 8. IN THE RESULT THIS APPEALS BY THE REVENUE STAND DISMISSED IN LIMINE. 9. THE ORDER WAS PRONOUNCED IN THE COURT ON 13-01-2 011. SD/- SD/- (ABRAHAM P. GEORGE) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER CHENNAI DATED THE 13 TH JANUARY 2011. H. COPY TO: ASSESSEE/AO/CIT (A)/CIT/D.R./GUARD FILE