ACIT, Coimbatore v. M/s. Vee Yel Fruit Products Pvt Ltd., Coimbatore

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH CHENNAI ... ! ' # $ & $' BEFORE SHRI N.R.S. GANESAN JUDICIAL MEMBER AND SHRI INTURI RAMA RAO ACCOUNTANT MEMBER (( / M.P. NOS.215 216 & 217/CHNY/2019 (IN I.T.A. NOS.1307 1308 & 1309/CHNY/2010) ) *) / ASSESSMENT YEARS : 2002-03 2003-04 & 2004-05 THE DEPUTY COMMISSIONER OF INCOME TAX CORPORATE CIRCLE 2 63-A RACE COURSE ROAD COIMBATORE. V. M/S VEE YEL FRUITS PRODUCTS PVT. LTD. 107-A SENGUPTA STREET RAM NAGAR COIMBATORE 641 009. PAN : AAACV 5791 Q ( -) /PETITIONER) ( .-// RESPONDENT) -) 1 2 /PETITIONER BY : SHRI T.R. SENTHIL KUMAR SR. STANDING COUNSEL .-/ 1 2 / RESPONDENTS BY : SH. A.S. SRIRAMAN ADVOCATE 3 1 4& / DATE OF HEARING : 29.11.2019 56* 1 4& / DATE OF PRONOUNCEMENT : 29.11.2019 / O R D E R PER N.R.S. GANESAN JUDICIAL MEMBER : THE REVENUE HAS FILED THE PRESENT MISCELLANEOUS P ETITIONS ON THE GROUND THAT THE TAX EFFECT INVOLVED IN THESE APPEALS IS MORE THAN 20 LAKHS THEREFORE THE APPEALS HAVE TO BE DISPOSE D ON MERIT. 2 M.P. NOS.215 TO 217/CHNY/19 2. ON A QUERY FROM THE BENCH SHRI T.R. SENTHIL KUM AR THE LD. SR. STANDING COUNSEL FOR THE REVENUE CLARIFIED THA T NOW THE CBDT HAS INCREASED THE TAX LIMIT TO 50 LAKHS. IN ALL THE THREE APPEALS ACCORDING TO THE SR. STANDING COUNSEL THE MONETARY LIMIT IS LESS THAN 50 LAKHS THEREFORE ALL THE THREE APPEALS ARE COVE RED BY THE LATEST CIRCULAR ISSUED BY THE CBDT FIXING THE MONET ARY LIMIT TO 50 LAKHS FOR THE APPEALS FILED BEFORE THIS TRIBUNAL. 3. IN VIEW OF THE ABOVE EVEN THOUGH AT THE TIME OF DISPOSAL OF THESE APPEALS THE MONETARY LIMIT WAS SAID TO BE AB OVE 20 LAKHS NOW ADMITTEDLY THE MONETARY LIMIT IS LESS THAN 50 LAKHS. THEREFORE IT IS SQUARELY COVERED BY THE LATEST CIR CULAR ISSUED BY THE CBDT FIXING THE MONETARY LIMIT FOR THE APPEALS FILE D BEFORE THIS TRIBUNAL AT 50 LAKHS. THEREFORE EVEN IF THE ORDER OF THIS TRI BUNAL IS RECALLED ALL THE APPEALS HAVE TO BE AGAIN DISMISSE D BY APPLYING THE LATEST CIRCULAR ISSUED BY THE CBDT. HENCE RECALL OF THE ORDER AND RESTORING THE APPEALS WOULD BE AN ACADEMIC EXERCISE . IT IS NOT IN DISPUTE THAT THESE APPEALS HAVE TO BE DISMISSED IN VIEW OF THE CBDT CIRCULAR FIXING THE MONETARY LIMIT FOR FILING THE APPEALS. 4. WITH THE ABOVE OBSERVATION ALL THE THREE MISCEL LANEOUS PETITIONS FILED BY THE ASSESSEE STAND DISMISSED. 3 M.P. NOS.215 TO 217/CHNY/19 ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSION OF HEARING ON 29TH NOVEMBER 2019 AT CHENNAI. SD/- SD/- (! ' # $ ) ( ... ) (INTURI RAMA RAO) (N.R.S. GANES AN) & / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI 8 /DATED THE 29 TH NOVEMBER 2019. KRI. 1 49( :(*4 /COPY TO: 1. -) / PETITIONER 2. .-/ /RESPONDENT 3. 3 ;4 () /CIT(A) 4. 3 ;4 /CIT 5. (< 4 /DR 6. =) > /GF.