DCIT, CHENNAI v. Bagwan Cybertek P. Ltd., CHENNAI

ITA 2860/CHNY/2019 | 2007-2008
Pronouncement Date: 04-05-2021 | Result: Dismissed

Appeal Details

RSA Number 286021714 RSA 2019
Assessee PAN AABCB2020P
Bench Chennai
Appeal Number ITA 2860/CHNY/2019
Duration Of Justice 1 year(s) 6 month(s) 20 day(s)
Appellant DCIT, CHENNAI
Respondent Bagwan Cybertek P. Ltd., CHENNAI
Appeal Type Income Tax Appeal
Pronouncement Date 04-05-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 04-05-2021
Date Of Final Hearing 21-04-2021
Next Hearing Date 21-04-2021
Last Hearing Date 21-04-2021
First Hearing Date 08-03-2021
Assessment Year 2007-2008
Appeal Filed On 14-10-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: CHENNAI . . . BEFORE SHRI DUVVURU R.L. REDDY JUDICIAL MEMBER AND SHRI S. JAYARAMAN ACCOUNTANT MEMBER ./ ITA NOS.2858 TO 2860/CHNY/2019 /ASSESSMENT YEARS: 2005-06 TO 2007-08 THE DY. COMMISSIONER OF- INCOME TAX CORPORATE CIRCLE-1(2) CHENNAI-600 034. VS. M/S.BAHWAN CYBERTEK PVT. LTD. 148 BAHWAN CYBERTEK IT PARK RAJIV GANDHI SALAI (OMR) OKKIYAM THORAIPAKKAM CHENNAI-600 097. [PAN: AABCB 2020 P ] ( ' /APPELLANT) ( #$' /RESPONDENT) DEPARTMENT BY : MR.G. JOHNSON ADDL.CIT ASSESSEE BY : MR.P. RANGA RAMANUJAM CA /DATE OF HEARING : 21.04.2021 /DATE OF PRONOUNCEMENT : 04.05.2021 / O R D E R PER DUVVURU R.L.REDDY JUDICIAL MEMBER: THESE APPEALS FILED BY THE REVENUE ARE DIRECTED AG AINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-4 CHENNAI IN ITA NOS.3/07- 08 176 & 157/17-18/CIT(A)-4 DATED 14.08.2019 FOR T HE AYS 2005-06 TO 2007-08. 2. AT THE TIME OF HEARING THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT IN THESE APPEALS FILE D BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF 50 00 000/- FIXED BY TH E CBDT TO FILE APPEALS BY THE REVENUE BEFORE THE TRIBUNAL AS PER THE CBDT CIRCULAR NO.17/2019 ::2:: ITA NOS.2858-2860/CHNY/2019 DATED 08.08.2019. THE LD. DR FAIRLY CONCEDED THE SU BMISSIONS MADE BY THE LD. COUNSEL FOR THE ASSESSEE. BEING SO THE REV ENUE AUTHORITIES ARE PRECLUDED FROM FILING THE APPEALS BEFORE THE TRIBUN AL SINCE THE TAX EFFECT IS LESS THAN 50 00 000/- IN THESE APPEALS AND THE APPEALS FILED BY THE REVENUE ARE LIABLE TO BE DISMISSED. ACCORDINGLY TH E APPEALS FILED BY THE REVENUE ARE DISMISSED. HOWEVER THE DEPARTMENT IS A T LIBERTY TO SEEK RECALL OF THE ABOVE ORDER SINCE THE LD. DR WAS NOT SURE ABOUT AS TO WHETHER THE ISSUE RAISED IN THE APPEALS OF THE REVE NUE ARE NOT ARISING OUT OF RAP OBJECTION AS NO SPECIFIC GROUND WAS RAISED I N THE GROUNDS OF APPEALS. 3. IN THE RESULT THE APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED ON THE 04 TH DAY OF MAY 2021 IN CHENNAI. SD/- SD/- ( . ) (S. JAYARAMAN) / ACCOUNTANT MEMBER ( *+ . . ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER /CHENNAI /DATED: 04 TH MAY 2021. TLN # - /COPY TO: 1. ' /APPELLANT 4. . /CIT 2. #$' /RESPONDENT 5. # /DR 3. . ( ) /CIT(A) 6. /GF