ACIT Non Corporate Circle 10(1), CHENNAI v. Eshwarnath Constructions, CHENNAI

ITA 2505/CHNY/2017 | 2012-2013
Pronouncement Date: 20-11-2019 | Result: Dismissed

Appeal Details

RSA Number 250521714 RSA 2017
Assessee PAN AABFE1141M
Bench Chennai
Appeal Number ITA 2505/CHNY/2017
Duration Of Justice 2 year(s) 1 month(s) 4 day(s)
Appellant ACIT Non Corporate Circle 10(1), CHENNAI
Respondent Eshwarnath Constructions, CHENNAI
Appeal Type Income Tax Appeal
Pronouncement Date 20-11-2019
Appeal Filed By Department
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 20-11-2019
Last Hearing Date 21-02-2018
First Hearing Date 21-02-2018
Assessment Year 2012-2013
Appeal Filed On 16-10-2017
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.1444/CHNY/2013. #$% &$ / ASSESSMENT YEAR : 2007-2008. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE XIII CHENNAI 600 034 VS. M/S. ESHWARNATH CONSTRUCTION NO.28 JAI VIGNESH BUILDINGS PERAMBUR HIGH ROAD CHENNAI 600 012. !' ./I.T.A. NOS.2505/CHNY/2017 AND 1738/2018 #$% &$ / ASSESSMENT YEAR : 2012-13 AND 2014-15. THE ASSISTANT COMMISSIONER OF INCOME TAX NON CORPORATE CIRCLE 10(1) CHENNAI 600 034 VS. M/S. ESHWARNATH CONSTRUCTION NO.28 JAI VIGNESH BUILDINGS PERAMBUR HIGH ROAD CHENNAI 600 012. [PAN AABFE 1141M] ( / APPELLANT) ( /RESPONDENT) !' '( ) * / APPELLANT BY : SHRI. N.GOPIKRISHNA IRS JCIT. + '( ) * /RESPONDENT BY : SHRI. N. DEVANATHAN ADVOCATE # - ) . /DATE OF HEARING : 14-11-2019 /0&% ) . /DATE OF PRONOUNCEMENT : 20-11-2019 ITA NOS.144-13 2505-17 & 1738-18 :- 2 -: / O R D E R PER INTURI RAMA RAO ACCOUNTANT MEMBER THESE ARE APPEALS FILED BY THE REVENUE DIRECTED AG AINST DIFFERENT ORDERS OF THE LEARNED COMMISSIONER OF INCOME TAX (A PPEALS)-12 CHENNAI FOR ASSESSMENT YEARS 2007-2008 2012-13 AND 2014-2015. 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN ALL T HESE CASES ARE LESS THAN RS. 50 LAKHS AND THEREFORE THE CIRC ULAR NO. 17/2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF D IRECT TAXES (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 RS. 50 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 APPEALS ARE LESS THAN RS. 50 LAKHS THE PRESENT APPEALS DESERVES TO BE DISMISSED AS NOT PRESSED / NOT MAINTAINABLE. HOWEVER WE MAKE IT CLEAR THAT TH E ISSUES RAISED IN ITA NOS.144-13 2505-17 & 1738-18 :- 3 -: THE INSTANT APPEALS ARE LEFT OPEN TO BE EXAMINED IN THE APPROPRIATE PROCEEDINGS IF ARISES IN FUTURE. AT THE SAME TIM E WE ALSO MAKE IT CLEAR THAT IF THE APPEALS FALL IN ANY OF THE EXCEPT IONS 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 LIGHT OF CBDT CIRCULAR NO.17/2019 DATED 08/08/2019 THE APPEALS FILED BY THE REVENUE STAND DISMISSED. 3. IN THE RESULT THE APPEALS FILED BY THE REVENUE STA ND DISMISSED. ORDER PRONOUNCED ON 20TH DAY OF NOVEMBER 2019 A T CHENNAI. SD/- SD/- ( . ! ) (DUVVURU RL REDDY) ' #$ /JUDICIAL MEMBER ( ) (INTURI RAMA RAO) /ACCOUNTANT MEMBER 1 #- / CHENNAI 2# / DATED:20TH 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