The Assistant Commissioner of Income-tax, Central Circle 3(4), Chennai v. Saravana Global Holdings Limited
[Citation -2019-LL-1001-74]

Citation 2019-LL-1001-74
Appellant Name The Assistant Commissioner of Income-tax, Central Circle 3(4), Chennai
Respondent Name Saravana Global Holdings Limited
Court ITAT-Chennai
Relevant Act Income-tax
Date of Order 01/10/2019
Assessment Year 2008-09
Judgment View Judgment
Keyword Tags low tax effect • rejection of adjournment application
Bot Summary: The Ld. DR at the outset submitted that tax effect involved in this appeal filed by Revenue is less than Rs.50 lacs and this appeal is covered by CBDT circular No.17/2019 dated 08.08.2019 being a low tax effect appeal filed by the Revenue. It is also explained by learned DR that this appeal filed by Revenue is also not hit by any of the exceptions carved out in aforesaid CBDT circular. None appeared on behalf of the assessee when the appeal was called for hearing before the Bench and an application for adjournment is moved by counsels for the assessee requesting for adjournment citing that the counsel who has to argue the case is out of India for some personal work. The said adjournment application is placed on record and it stand rejected because is an Revenue s appeal who has sought to withdraw the appeal on the ground that it is an low tax effect appeal covered by CBDT circular dated 08.08.2019 and no prejudice is likely to be caused to assessee by dismissal of this appeal even in the absence of the counsels for the assessee. The tax effect in this appeal filed by Revenue is undisputedly below Rs.50 lacs and thus keeping in view CBDT Circular No.17/2019 JUDICIAL MEMBER ACCOUNTANT MEMBER Chennai, Dated 01ST October, 2019.


IN INCOME TAX APPELLATE TRIBUNAL C BENCH: CHENNAI, BEFORE SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER AND SHRI DUVVURU R.L.REDDY, JUDICIAL MEMBER ITA Nos.2690/Chny/2018 Assessment Years 2008-09 Assistant Saravana Global Commissioner of Income- Holdings Limited tax, Central Circle 3(4) , v. No. 15, New Giri Road, 46, Nungambakkam High T. Nagar, Chennai- Road, Chennai-600034 600017 PAN AASCS5545H Revenue by MR. A.R.V. Sreenivasan, JCIT Assessee by None & /Date of Hearing 01.10.2019 & Date of Pronouncement 01.10.2019 ORDER PER RAMIT KOCHAR, Accountant Member This appeal filed by Revenue is disposed of because tax effect in this appeal is less than Rs.50 lacs as per CBDT Circular No.17/2019 (F.No. 279/Misc.142/2007-ITJ (Pt) ) dated 08th August, I.T.A. Nos.2690/Chny/2018 2019 issued by Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India, amending Para No.3 and 5 of CBDT Circular No.3 of 2018 dated 11.07.2018 and its subsequent amendment dated 20.08.2018. 2. Ld. DR at outset submitted that tax effect involved in this appeal filed by Revenue is less than Rs.50 lacs and this appeal is covered by CBDT circular No.17/2019 dated 08.08.2019 being low tax effect appeal filed by Revenue. It is also explained by learned DR that this appeal filed by Revenue is also not hit by any of exceptions carved out in aforesaid CBDT circular. None appeared on behalf of assessee when appeal was called for hearing before Bench and application for adjournment is moved by counsels for assessee requesting for adjournment citing that counsel who has to argue case is out of India for some personal work . said adjournment application is placed on record and it stand rejected because is Revenue s appeal who has sought to withdraw appeal on ground that it is low tax effect appeal covered by CBDT circular dated 08.08.2019 and no prejudice is likely to be caused to assessee by dismissal of this appeal even in absence of counsels for assessee. 3. tax effect in this appeal filed by Revenue is undisputedly below Rs.50 lacs and thus keeping in view CBDT Circular No.17/2019 (F.No.279/Misc.142/2007-ITJ (Pt)) dated 08th August, 2019 issued by Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India, amending Para No.3 and 5 of CBDT Circular No.3 of 2018 dated 1107.2018 and its subsequent amendment dated 20.08.2018, we are inclined to dismiss this appeal filed by Revenue due to low tax effect involved in this appeal which is below Rs.50 lacs. While disposing of this appeal filed by Revenue due to low tax effect vide aforesaid CBDT Circular No.17/2019 dated 08.08.2019, we clarify that we have not 2 I.T.A. Nos.2690/Chny/2018 commented on merits of issue in this appeal. However, at same time we are granting liberty to Revenue that if at any stage Revenue wants to agitate matter/issue in this appeal in accordance with clauses/exceptions as are contained in afore-stated CBDT circular number 17/2019 dated 08.08.2018 read with CBDT circular No 3/2018 dated 11.07.2018 as modified on 20.08.2018, Revenue is hereby granted liberty to file miscellaneous application praying for recall of this order. We order accordingly. 4. In result, this appeal filed by Revenue stand dismissed owing to low tax effect as indicated above. Order pronounced in open court on 01.10.2019. & * + 01.10.2019 & Sd/- Sd/- (DUVVURU R.L.REDDY) (RAMIT KOCHAR) JUDICIAL MEMBER ACCOUNTANT MEMBER Chennai, Dated 01ST October, 2019. TLN Copy to 1. Appellant 4. 8 CIT 2. 49 7/Respondent 5. 5 4 /DR 3. 8 CIT(A) 6. GF Assistant Commissioner of Income-tax, Central Circle 3(4), Chennai v. Saravana Global Holdings Limited
Report Error