Income Tax Appellate Tribunal - Chennai
Dcit, Chennai vs Ani Constructions P Ltd., Chennai on 2 August, 2018
आयकर अपील
य अ धकरण, 'बी' यायपीठ, चे नई
IN THE INCOME TAX APPELLATE TRIBUNAL
'B' BENCH, CHENNAI
ी एन.आर.एस. गणेशन, या यक सद य एवं ी एस जयरामन, लेखा सद य केसम$
BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND
SHRI S. JAYARAMAN, ACCOUNTANT MEMBER
आयकर अपील सं./ITA No.775/Chny/2017
&
C.O. No.67/Chny/2017
(in I.T.A. No.775/Chny/2017)
नधा'रण वष' / Assessment Year : 2008-09
The Deputy Commissioner of M/s Ani Constructions Pvt. Ltd.,
Income Tax, v. 443, 5th floor, Guna Complex,
Corporate Circle -1(1), Anna Salai, Teynampet,
Chennai - 600 034. Chennai - 600 018.
PAN : AACCA 4267 G
(अपीलाथ+/Appellant) (Respondent & Cross objector)
अपीलाथ+ क, ओर से /Appellant by : Shri Guru Bashyam, JCIT
./यथ+ क, ओर से /Respondent by : Sh. Saroj Kumar Parida, Advocate
सन
ु वाई क, तार
ख/Date of Hearing : 02.08.2018
घोषणा क, तार
ख/Date of Pronouncement : 02.08.2018
आदे श /O R D E R
PER N.R.S. GANESAN, JUDICIAL MEMBER:
This appeal of the Revenue is directed against the order of the Commissioner of Income Tax (Appeals) -1, Chennai, dated 18.01.2017 and pertains to assessment year 2008-09. The assessee has filed the cross-objection in support of the order of the 2 I.T.A. No.775/Chny/17 C.O. No.67/Chny/17 CIT(Appeals). Therefore, we heard both the appeal and the cross- objection together and disposing of the same by this common order.
2. This appeal of the Revenue and cross-objection of the assessee were earlier dismissed by this Tribunal by an order dated 06.09.2017 on the ground that the tax effect involved in the Revenue's appeal is less than ₹10 lakhs. However, the Revenue filed a Miscellaneous Petition on the ground that the tax effect is more than ₹10 lakhs. Accordingly, the order of this Tribunal dated 06.09.2017 was recalled and the appeal of the Revenue and the cross-objection of the assessee were restored on the file. Accordingly, now it was posted for final disposal.
3. When the appeal and the cross-objection were taken up for hearing, it was very fairly agreed by the Ld. D.R. and the Ld.counsel for the assessee that the tax effect involved is less than ₹20 lakhs. The CBDT has now revised the monetary limit for filing appeal by the Revenue before this Tribunal. Now, the Revenue has been instructed by the CBDT not to file appeal before the Tribunal wherever the tax effect is less than ₹20 lakhs. In view of the latest circular of the CBDT dated 11.07.2018, the appeal of the Revenue 3 I.T.A. No.775/Chny/17 C.O. No.67/Chny/17 is not maintainable, therefore, the appeal of the Revenue is dismissed.
4. The cross-objection is only to support the order of the CIT(Appeals), therefore, the cross-objection has become infructuous.
5. In the result, both the appeal of the Revenue and the cross- objection of the assessee stand dismissed.
Order pronounced in the open court after conclusion of hearing on 2nd August, 2018, at Chennai.
sd/- sd/-
(एस जयरामन) (एन.आर.एस. गणेशन)
(S. Jayaraman) (N.R.S. Ganesan)
लेखा सद य/Accountant Member या यक सद य/Judicial Member
चे नई/Chennai,
nd
5दनांक/Dated, the 2 August, 2018.
Kri.
आदे श क, . त6ल7प अ8े7षत/Copy to:
1. अपीलाथ+/Appellant
2. ./यथ+/Respondent
3. आयकर आयु9त (अपील)/CIT(A)-1, Chennai
4. Principal CIT, Chennai-1, Chennai
5. 7वभागीय . त न ध/DR
6. गाड' फाईल/GF.