ACIT Corporate Circle 2(2), CHENNAI v. Indian Garnet Sand Company P. Ltd., CHENNAI

ITA 938/CHNY/2019 | 2008-2009
Pronouncement Date: 21-11-2019 | Result: Dismissed

Appeal Details

RSA Number 93821714 RSA 2019
Assessee PAN AAACI1505K
Bench Chennai
Appeal Number ITA 938/CHNY/2019
Duration Of Justice 7 month(s) 15 day(s)
Appellant ACIT Corporate Circle 2(2), CHENNAI
Respondent Indian Garnet Sand Company P. Ltd., CHENNAI
Appeal Type Income Tax Appeal
Pronouncement Date 21-11-2019
Appeal Filed By Department
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 21-11-2019
Last Hearing Date 11-11-2019
First Hearing Date 11-11-2019
Assessment Year 2008-2009
Appeal Filed On 05-04-2019
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. NOS.937 & 938/CHNY/2019. #$% &$ / ASSESSMENT YEARS : 2007-2008 AND 2008-2009. THE ASSISTANT COMMISSIONER OF INCOME TAX (I/C) CORPORATE CIRCLE 2(2) CHENNAI 600 034. VS. M/S. INDIAN GARNET SAND COMPANY P. LTD NO.12/627 7 TH STREET VEERABATHRAM NAGAR MAMAKKAM MAIN ROAD MEDAVAKKAM CHENNAI 600 100. [PAN AAACI 1505K] ( / APPELLANT) ( /RESPONDENT) !' '( ) * / APPELLANT BY : SHRI. A. SOUNDARAJAN ADDL. CIT + '( ) * /RESPONDENT BY : SHRI. D. DHAYA DEVADAS AR. # - ) . /DATE OF HEARING : 11.11.2019 /0&% ) . /DATE OF PRONOUNCEMENT : 21-11-2019 / O R D E R PER INTURI RAMA RAO ACCOUNTANT MEMBER THESE ARE APPEALS FILED BY THE REVENUE DIRECTED AG AINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEAL S)-6 CHENNAI ITA NOS 937 & 938 /2019 :- 2 -: (CIT(A) FOR SHORT) DATED 20.12.2018 FOR THE ASSE SSMENT YEARS (AY) 2007-08 AND 2008-2009. 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN ALL T HESE CASES ARE 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 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 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 ITA NOS 937 & 938 /2019 :- 3 -: 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 21ST DAY OF NOVEMBER 2019 AT CHENNAI. SD/- SD/- ( . ! ) (DUVVURU RL REDDY) ' #$ /JUDICIAL MEMBER ( ) (INTURI RAMA RAO) /ACCOUNTANT MEMBER 1 #- / CHENNAI 2# / DATED:21ST 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