DCIT, CHENNAI v. Vikram Visvanathan, Coimbatore

ITSSA 7/CHNY/2016 | misc
Pronouncement Date: 20-11-2019 | Result: Dismissed

Appeal Details

RSA Number 721716 RSA 2016
Assessee PAN ACBPA4663N
Bench Chennai
Appeal Number ITSSA 7/CHNY/2016
Duration Of Justice 3 year(s) 8 month(s) 17 day(s)
Appellant DCIT, CHENNAI
Respondent Vikram Visvanathan, Coimbatore
Appeal Type Income Tax (Search & Seizure) Appeal
Pronouncement Date 20-11-2019
Appeal Filed By Department
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 20-11-2019
Date Of Final Hearing 08-08-2017
Next Hearing Date 08-08-2017
First Hearing Date 08-08-2017
Assessment Year misc
Appeal Filed On 04-03-2016
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : CHENNAI BEFORE SHRI GEORGE MATHAN JUDICIAL MEMBER AND SHRI INTURI RAMA RAO ACCOUNTANT MEMBER ./I.T(SS) A. NO.5/CHNY/2016 ! ' / BLOCK ASSESSMENT PERIOD : 1997-98 TO 2002-03 THE DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 3(I/C) COIMBATORE 641 018. VS. DR. ANJANA VISVANATHAN NO.69 WEST VENKATASAMY ROAD R.S. PURAM COIMBATORE 641 002 [PAN ACBPA 4663N] ./I.T.(SS)A. NO.6/CHNY/2016 ! ' / BLOCK ASSESSMENT PERIOD : 1997-98 TO 2003-04 THE DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 3(I/C) COIMBATORE 641 018. VS. DR. P.G. VISVANATHAN NO.69 WEST VENKATASAMY ROAD R.S. PURAM COIMBATORE 641 002. [PAN ABFPV 4786J] ./I.T.(SS)A. NO.7/CHNY/2016 ! ' / BLOCK ASSESSMENT PERIOD : 1997-98 TO 2003-04 THE DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 3(I/C) COIMBATORE 641 018. VS. SHRI. VIKRAM VISVANATHAN NO.69 WEST VENKATASAMY ROAD R.S. PURAM COIMBATORE 641 002. [PAN ABFPV 4787K] ( / APPELLANT) ( /RESPONDENT) IT(SS)A NOS.5-7-2016. :- 2 -: # $ % / APPELLANT BY : SHRI. J. PAVITHRAN KUMAR JCIT. &' # $ % /RESPONDENT BY : SHRI. SAROJ KUMAR PARIDA ADV. ( ) $ * /DATE OF HEARING : 20-11-2019 + '! $ * /DATE OF PRONOUNCEMENT : 20-11-2019 / O R D E R PER BENCH : THESE ARE APPEALS FILED BY THE REVENUE DIRECTED AG AINST DIFFERENT ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS)-18 CHENNAI (CIT(A) FOR SHORT) DATED 30.11.2015. 2. IT IS STATED BEFORE US THAT THE TAX EFFECT IN ALL T HESE CASES ARE LESS THAN RS.50 LAKHS AND THEREFORE THE CIRCULAR N O. 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 IT(SS)A NOS.5-7-2016. :- 3 -: THE PRESENT APPEALS DESERVES TO BE DISMISSED AS NOT PRESSED / NOT MAINTAINABLE. HOWEVER WE MAKE IT CLEAR THAT THE IS SUES 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 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 AT CHENNAI. SD/- SD/- ( ) (GEORGE MATHAN) /JUDICIAL MEMBER ( ) (INTURI RAMA RAO) /ACCOUNTANT MEMBER -) / CHENNAI . / DATED: 20 TH NOVEMBER 2019. KV /0 $0& *12032'* / COPY TO: 0 1 . # / APPELLANT 3. 0 ( 4*056 / CIT(A) 5. 278 0& * 9 / DR 2. &' # / RESPONDENT 4. 0 ( 4* / CIT 6. 8:0;) / GF