THE DY. CIT-1(1), RAIPUR (CG) V. DR. ASHISH MALHOTRA, RAIPUR (CG)

ITA 100/BIL/2014

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4292 (ITAT-RAIPUR)
• Duration Of Justice: 4 year(s) 1 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2004-2005
• Appeal Filed On: 27-06-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO.100/RPR/2014 ASSESSMENT YEAR : 2004-05 DCIT- 1(1), RAIPUR (CG). VS. DR. ASHISH MALHOTRA, C/O. TIWARI NURSHING HOME, CIVIL LINES, RAIPUR (CG). PAN : ADUPM8571F (APPELLANT) (RESPONDENT) C.O. NO.19/RPR/2014 (IN ITA NO.100/RPR/2014) ASSESSMENT YEAR : 2004-05 DR. ASHISH MALHOTRA, C/O. HEART CARE CENTRE, CIVIL LINES, RAIPUR (CG). VS. DCIT- 1(1), RAIPUR (CG). PAN : ADUPM8571F (APPELLANT) (RESPONDENT) DEPARTMENT BY : SHRI SANJAY KUMAR, DR ASSESSEE BY : SHRI AMIT JAIN, ADV. DATE OF HEARING : 07-08-2018 DATE OF PRONOUNCEMENT : 07-08-2018 O R D E R PER R. K. PANDA, AM : THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 26.02.2014 OF CIT(A), RAIPUR (CG) RELATING TO ASSESSMENT YEAR 2004-05. THE ASSESSEE HAS FILED THE CROSS OBJECTION AGAINST THE APPEAL FILED BY THE REVENUE. 2 ITA NO.100/RPR/2014 C.O. NO.19/RPR/2014 FOR THE SAKE OF CONVENIENCE, THESE WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER. ITA NO.100/RPR/2014 (BY REVENUE) : 2. THE LD. COUNSEL FOR THE ASSESSEE, AT THE OUTSET, SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS.20 LAKHS. THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR NO.03/2018 [F.NO.279/MISC.142/2007-ITJ (PT)] DATED 11 TH JULY, 2018 WHICH IS APPLICABLE EVEN TO PENDING APPEALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. 3. THE LD. DR ON THE OTHER HAND FAIRLY CONCEDED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS ADMITTEDLY BELOW RS.20 LAKHS. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS MADE BY BOTH THE SIDES. IT IS AN ADMITTED FACT THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS LESS THAN RS.20 LAKHS. THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR CITED (SUPRA) RAISING THE MONETARY LIMITS FOR FILING OF THE APPEALS BEFORE THE TRIBUNAL WHICH IS APPLICABLE EVEN TO PENDING APPEALS, THE APPEAL FILED BY THE REVENUE IS DISMISSED. C.O. NO.19/RPR/2014 (BY ASSESSEE) : 5. THE LD. COUNSEL FOR THE ASSESSEE DID NOT PRESS THE GROUNDS RAISED BY THE ASSESSEE IN THE CROSS OBJECTION FOR WHICH REVENUE HAS NO OBJECTION. 3 ITA NO.100/RPR/2014 C.O. NO.19/RPR/2014 ACCORDINGLY, THE CROSS OBJECTION FILED BY THE ASSESSEE IS DISMISSED AS NOT PRESSED. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE AND THE CROSS OBJECTION FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF I.E. ON THIS 07 TH AUGUST, 2018. SD/- SD/- (SUCHITRA KAMBLE) (R. K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 07-08-2018. SUJEET COPY OF ORDER TO: - 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT 4) THE CIT(A) 5) THE DR, I.T.A.T., RAIPUR. BY ORDER //TRUE COPY// SR. PRIVATE SECRETARY ITAT, RAIPUR